Case Law Details
Gorav Gupta Vs Directorate General of GST Intelligence (Delhi High Court)
Introduction: The recent judgment in the case of Gorav Gupta vs Directorate General of GST Intelligence by the Delhi High Court revolves around the necessity of obtaining prior permission from the trial court for international travel after the filing of a charge sheet. The court, in its order, grants permission to Gorav Gupta to travel to Dubai for two months, subject to specific conditions.
Detailed Analysis:
1. Background of the Case: Gorav Gupta filed an application under Section 482 of the Code of Criminal Procedure seeking the setting aside of an order and permission to travel abroad for 12 months.
2. Previous Permissions and Conditions:
- The applicant had previously been granted permission to travel abroad on two occasions, as highlighted in the orders dated 31.12.2022 and 05.06.2023 by the trial court.
- Anticipatory bail was granted with a condition that he should obtain prior permission from the Investigating Officer/Apprehending Authority before leaving India.
3. Modification of Conditions: The applicant’s counsel argued for a modification of the condition, suggesting that the requirement for prior permission be changed to “prior permission of the Trial Court” since the charge sheet had been filed.
4. Court’s Decision:
- The Delhi High Court, considering the circumstances, modifies the condition (i) of the previous order dated 07.07.2022 to require prior permission from the Trial Court instead of the Investigating Officer.
- The court acknowledges that the applicant had been granted travel permission on two occasions earlier, and there was no misuse of this liberty.
5. Grant of Permission: Gorav Gupta is granted permission to travel to Dubai, UAE, for a period of two months, subject to the terms and conditions set by the trial court in the previous order dated 31.12.2022.
Conclusion: The Delhi High Court, in the case of Gorav Gupta vs Directorate General of GST Intelligence, allows international travel to Dubai for Gorav Gupta, subject to specific conditions. The modification of the condition to require prior permission from the Trial Court showcases the court’s nuanced approach in balancing the individual’s rights and legal obligations.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
CRL.M.A. 35163/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 9400/2023 & CRL.M.A. 35162/2023
3. The present application under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’), has been filed by the applicant/ petitioner seeking setting aside of impugned order dated 11.12.2023, and for permission to travel abroad for a period of 12 months from 31.12.2023 to 31.12.2024.
4. Learned counsel appearing on behalf of the applicant/ petitioner has invited this Court’s attention to the orders dated 31.12.2022 and 05.06.2023, wherein the applicant/ petitioner was granted permission to travel abroad by the learned Trial Court. It is also stated that the applicant was granted anticipatory bail vide order dated 07.07.2022, when the following condition “He shall surrender his passport before the Investigating Officer/Apprehending Authority and under no circumstance leave India without prior permission of the Investigating Officer/Apprehending Authority, and, if he does not possess any passport, he shall file an affidavit to that effect before the Investigating Officer/Apprehending Authority” was imposed, and the charge-sheet had not been filed. However, since the charge-sheet has been filed now, the learned counsel appearing on behalf of the applicant/ petitioner prays that the condition vide which the applicant herein was permitted to obtain prior permission of the Investigating Officer (I.O.) be modified accordingly.
5. In such circumstances, this Court deems it appropriate to modify the condition (i) of order dated 07.07.2022 to the extent, that instead of prior permission to be obtained from the I.O., the same be read as “prior permission of the Trial Court”.
6. Learned counsel appearing on behalf of the respondent fairly states that the applicant herein had been granted permission to travel abroad earlier also, on two occasions, and he has not misused the liberty so granted.
7. Accordingly, the applicant/ petitioner is granted permission to travel abroad i.e. Dubai, UAE, for a period of two months, on the same terms and conditions imposed vide order dated 31.12.2022 by the learned Trial Court, to the satisfaction of the learned Trial Court.
8. No further relief is prayed for in the present application.
9. With the above directions, the application is allowed; and accordingly disposed of.
10. Copy of the order be given dasti to learned counsel appearing on behalf of the applicant/petitioner.
11. Copy of this order be also forwarded to the learned Trial Court, for information.
12. The order be uploaded on the website forthwith.
