1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 17243-M of 2009. Date of Decision: 2.9.2009 *** Gurkirpal Singh .. Petitioner VS. Inspector of Customs, Amritsar .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Jagmohan Bansal, Advocate for the petitioner. Mr. H.P.S. Ghuman, Advocate for respondent. *** ARVIND KUMAR, J. vide the impugned order dated 21.5.2009 the application of the petitioner seeking permission to go abroad has been declined. The petitioner and others are facing prosecution in a case registered under Section 104 read with Section 132 and 135 of the Customs Act, 1962. It has been pointed out that co-accused namely Ashok Kumar has already been granted such a relief from this Court by virtue of order passed in Crl. Misc. No.32854-M of 2002, decided on 12.9.2002, case titled as Ashok Kumar Vs. Deputy Commissioner of Customs, Amritsar, after the decision rendered in Crl. Revision No.1443 of 2001, decided on 22.4.2002, between the same parties, which has now been relied upon by the learned CJM while declining the prayer of the petitioner for going abroad. Copies of order passed in both the above-referred petitions have been shown to this Court, substantiating the aforesaid contention of learned counsel for the petitioner. Even no worth argument has been advanced by learned counsel for the respondent to show that the case of the petitioner is distinguishable that of co-accused Ashok Kumar, who since has been granted permission to 2 go abroad. In the light of the discussion above, the instant petition stands disposed of and the matter is remitted back to the trial court with a direction to pass orders afresh on the application moved by the petitioner seeking permission to go abroad, taking into account the orders passed by this Court in Crl. Misc. No. 32854-M of 2002, referred to above, without being influenced from any observations made by this Court. The impugned order accordingly stands set aside. Parties through their counsel are directed to appear before the trial court on 18.9.2009. (ARVIND KUMAR) September 2, 2009 JUDGE Jiten