Case Law Details
Aman Jain Vs Customs (Delhi High Court)
In a recent development, the Delhi High Court ruled on a petition filed by Aman Jain against the Customs Department, seeking the release of his passport surrendered during an NDPS case. The court order allows Jain to pursue higher studies in Canada. This article provides an in-depth analysis of the judgment and its implications.
The petition challenged the order of the Special Judge (NDPS), which denied Jain’s application for passport release. The judge cited concerns over ongoing investigations and Jain’s brother’s alleged involvement in drug trafficking. However, Jain’s counsel argued that Jain’s admission to a Canadian university had been verified, and his involvement in the case remained unproven.
The court considered Jain’s constitutional right to personal liberty, including the right to travel abroad. It deemed the order denying passport release as final, not interlocutory, as it significantly impacted Jain’s rights. Additionally, the court found no substantial evidence linking Jain’s travel to hampering the investigation. The judge’s reliance on conjectures without concrete evidence was deemed unjustified.
The Delhi High Court’s decision to set aside the order denying passport release underscores the importance of safeguarding individual liberties. It highlights the need for evidence-based decisions, especially in cases involving fundamental rights. Jain’s liberty to pursue his educational aspirations in Canada has been upheld, emphasizing the court’s commitment to justice and fairness.
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