Nawaz Pasha vs. The Superintendent Of Customs,( Preventive)

Facts

The petitioner, Nawaz Pasha, an accused in HQPOR No. 9 of 2020, filed a Criminal Petition under Section 482 of the Cr.P.C. before the High Court for the State of Telangana. He sought modification of the conditions imposed by the Special Judge for Economic Offences, Hyderabad, in Crl.M.P. No. 1070 of 2023. Specifically, he requested a reduction in the surety amount from Rs. 3,00,000/- to Rs. 25,000/- with one surety, and a modification of the order to deposit his passport by August 31, 2023, to a later date. The petitioner had previously been granted permission to travel to Dubai for six months, from December 12, 2022, to June 11, 2023, upon executing a personal bond of Rs. 1,00,000/- with one surety and agreeing to inform the court and the respondent of his travel and stay particulars. He was also directed to return within the stipulated time and re-deposit his passport.

Held

The High Court held that the surety amount alone could be modified. The Court permitted the petitioner to execute a personal bond for Rs. 1,00,000/- instead of Rs. 3,00,000/- and furnish surety for Rs. 1,00,000/-. The petitioner was also directed to return the passport on or before December 31, 2023. The Court did not explicitly address the modification of the passport deposit date beyond the new deadline set for its return. The reasoning was based on the petitioner's prior permission to travel abroad under less stringent financial conditions, suggesting the increased surety amount was disproportionate.

Key Issues

1. Whether the surety amount imposed by the Special Judge for Economic Offences, Hyderabad, in Crl.M.P. No. 1070 of 2023, is excessive and warrants modification, considering the petitioner's previous travel permission and the amount of the personal bond executed. Contentions of the Petitioner: The petitioner argued that the trial court, in the present Crl.M.P., instead of insisting on a personal bond of Rs. 1,00,000/-, had directed the execution of a personal bond for Rs. 3,00,000/- with one surety for the same amount. He sought a modification of this increased surety amount and the direction for re-depositing the passport. Contentions of the Respondent: The respondent contended that the petition's contents indicated the petitioner sought permission to go abroad for employment in Dubai, which was considered by the trial court.