Sponsored
    Follow Us:

Case Law Details

Case Name : Air Customs  Vs Begaim Akynova (High Court Delhi)
Appeal Number : CRL.M.C. 728/2021
Date of Judgement/Order : 04/03/2021
Related Assessment Year :
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

Air Customs  Vs Begaim Akynova (High Court Delhi)

The petitioner, vide the present petition has sought the setting aside of the impugned order dated 06.01.2021 of the learned CMM, New Delhi vide which the learned Trial Court granted permission to the respondent-Begaim Akynova to travel abroad to her home for one year from 06.01.2021 to 05.01.2022 subject to terms and conditions as imposed vide the said order dated 06.01.2021.

The petitioner- Air Customs apart from submitting to the effect that the impugned order dated 06.01.2021 is wholly unreasoned and merely states to the effect considering the facts as mentioned in the application, the prayers are allowed subject to terms and conditions as imposed thereby with reliance having been placed on behalf of the petitioner on the verdict of the Hon’ble Supreme Court in “Mahipal Vs. Rajesh Kumar @ Polia & Anr.” a verdict dated 05.12.2019 and submitting to the effect that there ought to be a fair adjudication and application of mind at the time of disposal of any prayer by a Court.

Undoubtedly, vide the said order dated 31.08.2020 in CRL.M.C.1529/2020 for reasons detailed therein, the prayer of petitioner no.1 of that petition namely Aida Askerbkova had been granted subject to terms and conditions as imposed thereby with permission having been granted to her to travel Kyrgyzstan for a period of 45 days.

Significantly, it has been chosen to have been submitted through the application, the contents of which have been reproduced hereinabove that the applicant vide paragraph 4 of this application, had preferred an application seeking permission to travel abroad before the learned CMM’s Court in December, 2019, however, the same was dismissed on 10.12.2019; that the applicant preferred a revision petition before the Hon’ble Sessions Court considering the excruciating circumstances of the other co-accused Aida Askerbkova, the applicant had chosen not to press on her relief, that the Sessions Court had passed an order denying permission to the applicant to travel to her home but thereafter the applicant has averred in paragraph 5 that the applicant along with the co-accused chose to prefer an appeal under Section 482 of the Cr.P.C., 1973 before the Delhi High Court, wherein vide order dated 31.08.2020, this Court allowed the accused Aida Askerbkova to travel to her home and subsequently the Tribunal, Commission of Customs has imposed a fine of Rs.20 lakhs on the applicant.

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031