Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946 CRL.MC NO. 542 OF 2025 IN CMP NO.5873 OF 2024 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/PETITIONER/ACCUSED: ABDU SAMAD AGED 47 YEARS S/O. HAMZA KUTTIKKODAN, KUTTIKKODAN HOUSE, AMMINIKKAD P.O., MALAPPURAM DISTRICT, PIN - 679322 BY ADV K.RAKESH RESPONDENT: SUPERINTENDENT OF CUSTOMS (INTELLIGENCE) AIR INTELLIGENCE UNIT, AIR CUSTOMS, CALICUT INTERNATIONAL AIRPORT, KARIPUR, MALAPPURAM DISTRICT, PIN - 673638 BY ADVS. T.C. KRISHNA, DSGI IN CHARGE SALISH ARAVINDAKSHAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 11th day of March, 2025
The petitioner is the accused in O.S.No.128 of 2022, registered by the Air Intelligence Unit, Air Customs, Calicut International Airport, Karipur, on the allegation that he was found in unlawful possession of 3672 gms of gold compound and thereby committed the offence punishable under Section 135(1)(b)(i) of the Customs Act. Petitioner was arrested on 29.04.2022 and granted bail on 28.06.2022, subject to certain conditions. One condition was that the petitioner should surrender his passport in court. Accordingly, petitioner surrendered his passport and later moved an application seeking release of his passport. Despite the prosecution’s objection, court released petitioner’s passport and permitted him to go abroad for six months, with the rider that petitioner should surrender his passport in court on or before 17.02.2023.
Petitioner did not comply with that condition. Instead, he continued abroad and after twenty two months, submitted a petition seeking extension of the period for re-surrender of the passport. The court below having rejected the prayer, this Criminal Miscellaneous Case is filed.
3. Heard, learned Counsel for the petitioner and the learned Standing Counsel for the respondent.
4. A perusal of the impugned order shows that in
the order directing release of petitioner’s passport, he was specifically directed to surrender the passport before the court on or before 17.02.2023. Without complying with the condition, petitioner approached the court below seeking extension of the period for surrender of his passport. The court below rightly declined to extend the period, since petitioner had blatantly violated the condition imposed. The least the petitioner could have done was to submit the
application seeking extension within time. Hence, I find no reason to interfere with the impugned order. The remedy available to the petitioner is to return to India, surrender his passport and then seek the lower court’s indulgence. For the aforementioned reasons, the Criminal Miscellaneous Case is dismissed. Sd/- V.G.ARUN JUDGE
NB/11-3 APPENDIX OF CRL.MC 542/2025 PETITIONER ANNEXURES ANNEXURE A A TRUE COPY OF THE ORDER DATED 17-08-2022 OF THE ADDITIONAL C.J.M (EO), ERNAKULAM IN C.M.P.NO.3026/2022 ANNEXURE B A TRUE COPY OF THE ORDER DATED 13-11-2024 PASSED BY THIS HON’BLE COURT IN CRL.M.C.NO.9486/2024 ANNEXURE C A CERTIFIED COPY OF THE ORDER DATED 1-1-2025 PASSED BY THE ADDITIONAL C.J.M. (EO), ERNAKULAM IN C.M.P.NO.5873/2024 TRUE COPY P.A. TO JUDGE