:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CRIMINAL APPLICATION NO.402 OF 2007 CRIMINAL APPLICATION NO.402 OF 2007 CRIMINAL APPLICATION NO.402 OF 2007 IN IN IN WRIT PETITION NO.865 OF 2007 WRIT PETITION NO.865 OF 2007 WRIT PETITION NO.865 OF 2007 Sultan Kamruddin Dharani Residing at B/802, Chewal Class, J.P.Road, Andheri (West), Mumbai - 400 058 ..Applicant. v. Union of India & Ors. ..Respondents. Mr.Uday Warunjikar, adv. for the Applicant. Mrs. Aruna Pai, adv. for the Union of India in Criminal Application No.402 of 2007. Mrs.Poornima Kantharia for Union of India in W.P.No.865 of 2007. Mr.Y.S.Shinde, APP for the State. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 9th January, 2008. DATE: 9th January, 2008. DATE: 9th January, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. The present applicant was arrested for the offences punishable 135 (1)(ii) of the Customs Act, 1962 in April, 2006 on the allegation that he had imported certain scrap and that he had evaded custom duty to the extent of Rs.50/- lakh. By order dated 15-4-2006 the applicant was released on bail by the learned Additional Chief Metropolitan Magistrate, Esplanade Court, Bombay. On his executing PR and SB of Rs.3 lakhs with permission to deposit cash security in lieu of surety bond. While granting bail, the learned Additional Chief Metropolitan :2: Magistrate had directed the applicant to deposit his passport with DRI and not to leave the country without prior permission of the Court in writing. About a year after that the applicant filed Criminal Writ Petition No.865 of 2007 challenging the above referred two conditions. That petition is pending. By this application, the applicant seeks permission to leave India and to go to USA for a period of two weeks as he has to enter into a contract for purchase of scrap and the said contract would be valid only upto 15th January, 2008. He has been asked by the supplier in USA to come personally and to inspect the material before despatch. 3. Application is opposed on behalf of the respondent nos.1 and 2. 4. It appears that the trial Court had put certain conditions that he should not leave the country without prior permission of the court in writing. That order was never modified by any Court nor that order was challenged by the prosecution. The learned counsel for the respondent made a statement that besides criminal case in which the applicant was released on bail by the Additional Chief Metropolitan Magistrate, no other criminal case has been registered so far against the applicant. The learned counsel for the applicant pointed out that the order of confiscation passed by the DRI was challenged by the applicant before the Customs, :3: Excise & Service Tax Appellate Tribunal and that order has been set aside by the tribunal on the ground that the DRI has miserably failed to discharge the burden to prove that the seized goods were imported contrary to any prohibition or restriction, or by evading duty. According to the learned counsel for the respondent, that order is under challenge. Anyhow, taking into consideration the circumstances noted above, it appears that the applicant wants to pay visit to USA for business purpose for a short period. After discussion at bar the learned counsel for the applicant informs that the applicant may be permitted to stay in USA for ten days. In my considered opinion, he may be granted permission to go to USA subject to certain conditions. 5. The applicant is permitted to visit USA for a period of 10 days subject to following conditions. i. He shall execute surety bond of Rs.3 lakhs as directed in the bail order in addition to cash security, which has already given, because according to him he has only deposited cash security in lieu of surety bond. ii. He shall give complete tour programme with all the relevant addresses and telephone numbers where he can be contacted while on tour. iii. The respondent no.2 shall return passport of the :4: applicant within next forty-eight hours. The applicant is permitted to travel for ten days only beginning from 11th to 20th of January, 2008. On his return he shall again deposit his passport with the respondent no.2. 6. The application stands disposed off. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)