K.S. Chowdry vs. The State Of Telangana
Facts
The petitioner, an accused in a case investigated by the Director General of GST Intelligence (DGGI) under DRl No. 10 of 2020, filed a Criminal Revision Case before the High Court. The petitioner sought to set aside an order dated 11.10.2023 passed by the Special Judge for Economic Offences, Hyderabad, in Crl.M.P.No.1853 of 2023. This petition was filed to seek permission to travel to Dubai for the World Fair, which was scheduled to conclude on 31.03.2024. The petitioner's original passport had been seized in connection with the DGGI investigation.
Held
The Court directed the learned Special Judge to return the petitioner's passport. This was subject to the condition that the petitioner files an affidavit undertaking to return and deposit his passport on or before 05.04.2024. Additionally, the petitioner was required to execute a personal bond of Rs. 2,00,000/- with one surety for a like sum, to the satisfaction of the Special Judge. The Court reasoned that granting this permission would allow the petitioner to attend the World Fair. The Court also stipulated that if the petitioner fails to comply with these conditions, the surety amount shall be confiscated to the State. The Criminal Revision Case was disposed of accordingly.
Key Issues
1. Whether the Court has the power to direct the return of the petitioner's passport for the purpose of international travel, given that it was seized in connection with a GST intelligence investigation? (Question of law and fact, concerning the powers of the Court under Cr.P.C. and the implications of passport seizure in economic offence cases). Contentions: Petitioner: Argued for permission to travel to Dubai to attend the World Fair, seeking the return of his passport. The petitioner prayed for the Court to direct the Special Judge to forthwith release his passport. Respondent (Revenue): The judgment does not record any specific arguments made by the respondent (CBIC) regarding the petitioner's request or the legal implications of returning the passport. The respondent was represented by their Senior Standing Counsel.
Sections Cited
Section 397, Section 401
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THUR AY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRt JUSTICE K.SURENDER CRIMINA REV]SION CASE NO:9 OF 2021 L criminal Revision fired under Section 397 and 401 of crpc by setting aside the orderdated 11-10-2023 in crr.M.p.No 1g53 of 2023 FN. DRr No. to or 2020. (The Additionar Assistant Director, Director Generar of GST rnteiligence), passed by the learned Special Judge for Economic Offences, Hyderabad. "
Between: f;i.e?ii:lipX;i"FPJifl ilt::i":fJ,lAtI'X;:lfJ'{"FgXRY'i[,Blti=,yt"ffi : Hyderabad 34. AND ...PETITIONER/ACCUSED I["_:l?$jlI:l11s1l?r Rup.by its Speciar pubric prosecutor, High Courr for the srare or reranqana, at Hvderabjrd..Through the senior rntefligend omcei - - - F,,4il!li'?l3l"r.r#i{*x'ii!:ff1'""- ;:kl,y,"lr,iJ,S,*ig;9",;,ffi#l'1,:rmil; Hyderabad 500033 ...RESPONDENT/COMPLAINANT. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavir fited in supporr of the peiitio;, t-ne Hign Cou.t mat-b; ;6;;;1" -su.sOe1d the impugned the order dated 1.t_10_2023 ln FN. Ont tto. rc of-iOZO. (The Additionar Assistanl Director, Director
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