Shaik Riyaz Basha vs. The State Of Telangana
Facts
The petitioner, Shaik Riyaz Basha, filed a Criminal Revision Case before the Telangana High Court challenging an order dated October 12, 2023, passed by the Special Judge for Economic Offences, Hyderabad. The petitioner sought interim custody of his passport, which had been seized in connection with HQPOR No. 169 of 2013 (Customs-Preventive) and HQPOR No. 22 of 2023. The petitioner was apprehended by Customs at the airport for allegedly attempting to smuggle gold beyond the permitted limit. He was subsequently arrested and released on bail. The petitioner's counsel argued that the passport was necessary for his employment, while the respondent (State) contended that he might not return if allowed to travel.
Held
The Court allowed the Criminal Revision Case, setting aside the order dated October 12, 2023, passed by the Special Judge for Economic Offences. The Court acknowledged the fundamental right to travel, as established by the Supreme Court in Maneka Gandhi v. Union of India. However, it also considered the specific circumstances of the case, noting that the petitioner had no other criminal antecedents apart from the present case. Based on this, the Court deemed it appropriate to release the passport. The condition for release was that the petitioner must furnish surety of Rs. 1,50,000/- by way of a Fixed Deposit Receipt (FDR). The Court did not expressly leave any issue undecided.
Key Issues
1. Whether the petitioner is entitled to interim custody of his passport, considering the allegations of gold smuggling and the fundamental right to travel (Question of mixed law and fact, turning on the interpretation of relevant provisions concerning passport seizure and the right to travel). Petitioner's Contention: The petitioner argued that his passport is essential for his employment and that he should be granted interim custody. He relied on the Supreme Court's pronouncement in Maneka Gandhi v. Union of India regarding the fundamental right to travel. Respondent's Contention: The State argued that if the petitioner were permitted to travel, there was a high probability that he would not return, thus jeopardizing the investigation or proceedings.
Sections Cited
Sections 397, 401 of Cr.P.C
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE NO: 835 OF 2023 Criminal Revision Case Under Sections 397 and 401 of Cr.P.C against the Order made in Crl.M.P.No.1856 ot 2023 in HQPOR No.169 of 2013 (Customs Preventive), HQPOR No.22 of 2023 (Computer Number) Dt 12.10.2023 on the fite of the Court of the Special Judge for Economic Offences, Hyderabad.
Between: Shaik Riyaz Basha, S/ Employee, R/o. H.No.2 OS 2-7 haik Munwar Basha, Aged 47 yearc, Occ Driver-cum-Pvt 9A,Gandhi Street, Proddutur, YSR District-S16 360.
The State of Telangana, Rep. by its Special Public Prosecutor, High Court for the State of Telangana, at Hyderabad. Through the Superintendent of Customs (Preventive), Customs Commissionerate, GST Bhavan, Basheerbagh, Hyderabad- 500 004. ... Res po n denUCom pla ina nt lA NO: 1 OF 2023 ...Petitioner/Accused AND Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned the order daled 12.10.2023 in Crl.M.P.No 185
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