Imtiyaz Shaik Mohammed vs. The Senior Intelligence Officer

Held

The High Court dismissed the Criminal Petition. The Court found no justifiable reasons presented by the petitioner to extend the time for depositing his passport. The Court observed that while the petitioner claimed to have received a job offer on 23.10.2025, his earlier application to travel abroad from August to November 2025 was not based on any stated reason. The fact that he now wished to travel in December, despite receiving the offer in October, was not considered a plausible reason for extending the passport deposit date. The Court concluded that the petition lacked merits and directed the petitioner to comply with the orders passed by the Trial Court in Crl.M.P. No. 396 of 2025 dated 13.08.2025. The ratio decidendi is that a party seeking extension of time to comply with a court order must provide cogent and justifiable reasons, and mere claims of future travel or job offers, without prior substantiation or a clear timeline, are insufficient to warrant such an extension.

Facts

The petitioner, Imtiyaz Shaik Mohammed, filed a Criminal Petition before the Telangana High Court seeking an extension of time to redeposit his passport. This was in relation to an order passed by the Trial Court in Crl.M.P. No. 396 of 2025 dated 13.08.2025, which directed the petitioner to redeposit his passport on or before 25.11.2025. The petitioner argued that he had not yet travelled abroad, his travel was scheduled from 04.12.2025, and he had received a job offer from Dubai on 23.10.2025. The respondent, the Senior Intelligence Officer, Directorate General of GST Intelligence, argued that the petition was devoid of merits and the petitioner was attempting to avoid proceedings. The High Court perused the record and noted that the petitioner had not provided justifiable reasons for the extension.

Key Issues

1. Whether the petitioner has presented justifiable reasons to warrant an extension of time for redepositing his passport, as per the order dated 13.08.2025 in Crl.M.P. No. 396 of 2025, thereby engaging Section 513 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS5)? Petitioner's Contention: The petitioner argued that he had not yet travelled abroad, his scheduled travel was from 04.12.2025, and he had received a job offer from Dubai on 23.10.2025. He sought an extension of time to redeposit his passport before the Trial Court. He relied on the fact that his travel was planned for a later date and he had secured employment abroad. Respondent's Contention: The respondent contended that the petition lacked merits and that the petitioner was attempting to evade proceedings in the Trial Court. They argued that the petitioner's request for an extension was a tactic to avoid compliance with the court's order.