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Madras HC Directs Passport Renewal Despite Customs Pending Criminal Case

Case Law Details

TaxGuru Citation
2025 taxguru.in 7855
Case Name
M.Sathish Babu Vs Union of India (Madras High Court)
Date of Judgement/Order
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M.Sathish Babu Vs Union of India (Madras High Court)

The Madras High Court has allowed a man accused of offences under the Customs Act to renew his passport, enabling him to continue his employment in the United Arab Emirates (UAE). The court’s decision, however, came with strict conditions, compelling the accused to return to India and cooperate with his criminal case.

The case, M.Sathish Babu Vs Union of India, involved a writ petition filed by Mr. M. Sathish Babu seeking a writ of mandamus to direct the passport authority to renew his passport. The petitioner, who had been employed in the UAE since 2020, stated that his passport, issued in 2015, had expired. His application for renewal was pending due to a criminal case against him under Sections 132 and 135 of the Customs Act, read with Section 120-B of the Indian Penal Code.

During the initial hearing, the Court learned that a non-bailable warrant (NBW) was pending against the petitioner due to his alleged non-cooperation with the legal process. In response, the Court directed the petitioner to file an undertaking affidavit. In the affidavit, Mr. Babu committed to returning to India on November 3, 2025, and surrendering before the Additional Chief Metropolitan Magistrate, EO-2, Chennai, on November 5, 2025. He also promised to cooperate for the early disposal of the criminal case.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 19,237

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