[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.2003 OF 2008 Hukumichand Jain ..Petitioner Vs. Dy.Commissioner of Customs (AIU) Sahar Airport, Mumbai and Anr. ..Respondents ... Mr.E.A.Sasi advocate for petitioner Mr.Francis Saldanha counsel for Customs Mr.Y.M.Nakhwa A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 DATE : DECEMBER 19, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner, learned advocate for the respondent-Customs and the learned A.P.P. for the State. The petitioner is seeking permission to go abroad. 2. The petitioner is facing prosecution in R.A.No.73 of 2003. In the said case, petitioner has been granted bail by order dated 28.8.2003. While granting bail, a condition was imposed that he will deposit his passport with the customs authorities. Accordingly, the passport of the petitioner came to be deposited with the Customs authorities. The complainant in the said case is [-2-] Customs (AIU). In the said case, adjudication proceedings are pending before the Customs, Excise and Service Tax Appellate Tribunal, West Zone, Mumbai in Appeal No.626 of 2007. 3. It is seen that petitioner has earlier been granted permission to go abroad by order dated 5.4.2006. Pursuant to the said order, petitioner travelled to Sharjah and Dubai and he returned back to India and returned his passport to the Customs authorities. Looking to the fact that the petitioner was granted permission earlier to go abroad and looking to the fact that he has deposited his passport with the Customs authorities, I am inclined to pass the following order: 4.(i) Permission is granted to the petitioner to go abroad; (ii) On the petitioner depositing amount of Rs. 2 lakhs before the Respondent no.1-Customs (AIU), the passport shall be handed over to the petitioner; (iii) The petitioner shall intimate in writing to [-3-] the Customs authorities the detailed itinerary of his tour including flight number and the address where he will reside when he is abroad and the telephone number on which he can be contacted when he is abroad; (iv) On return back to India, within a week the petitioner shall hand over his passport to the Respondent No.1-Customs (AIU) and on return of the passport, security deposit of Rs.2 lakhs shall be returned back to the petitioner; (v) Above procedure will be followed by the petitioner every time that he wishes to travel abroad; 5. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]