Decided on November 28,1983

UNION OF INDIA Respondents


M.L. Jain, J. - (1.)One Mukand Lal Khanna, an Afghan national along with some others was arrested on 3-9-1980 for violations of Foreign Exchange Regulation Act, 1973 (FERA) involving several millions of money. The Enforcement Officer produced him before the Magistrate for remand to judicial custody, while Mukund Lal Khanna applied for bail. The Addl. Chief Metropolitan Magistrate by his order of 23-9-1980 granted him bail on furnishing bail bonds in the amount of Rs. 1 lakh. Further conditions of bail were that his passport shall be retained by the department and that he shall not leave Delhi for next two months and will report to the Directorate of Enforcement, daily for 15 days.
(2.)Mukand Lal then made an application for permission to leave India for a period of three months. The learned Additional Chief Metropolitan Magistrate by his order dated 3-4-1981 allowed him to go abroad on the following conditions, name (1) he will furnish a bank guarantee or deposit of Rs. 1 lakh in the court, (2) he will also surrender the passport of his wife and Other family members, (3) he will appear in the court on or before 15th July, 1981, and (4) he will also furnish his residential as well as official/business address in Afghanistan.
(3.)The Directorate filed a revision against the said order of 3-4-1981. On 27-5-1981 the petitioner filed an affidavit that "I surrender my passport wherein my only son is included, of my own accord and free will as a guarantee for the return and appearance in the court of my husband and that I shall not ask for the return of that passport until my husband return to India in compliance with the order of this court or any other court." The Addl. Sessions Judge dismissed the revision on 30-5-1981. While upholding the order of 3-4-1981 she added a few more conditions that Mukand Lal will intimate the date on which he will leave India and undertake to return at the expiry of the three month from the date on which he will leave India and appear in court on the expiry of the period and surrender his passport. But the period for which the accused was allowed to go abroad expired and he made a fresh application on 9-3-1982. By an order dated 16-4-1982 the Addl. Chief Metropolitan Magistrate allowed the accused to go abroad on the terms and conditions set out in his order of 3-4-1981 and in the order of 30-5-1981 of the Additional Sessions Judge. The Directorate of Enforcement preferred a revision against the said order of 16-4-1982 before the Additional Sessions Judge, which was disposed of by an order of 28-4-1982. In this order of 28-4-1982, the Additional Sessions Judge noted that the petitioner has furnished the Bank guarantee of Rs. 1 lakh, furnished his addresses and surrendered the passport of his wife and son. She directed that he will authorise a counsel to represent him in the adjudication proceedings and that he will inform the possible date of his departure. He will return to India on the expiry of three months and surrender his passport in the court. The passport that was surren dered by the wife in the manner aforesaid in the court of the Metropolitan Magistrate. A passport was issued to her in 1979 by the Afghan Government which expired on 19-12-1979, but it was later on extended up to 1-1-1981. Their son was of the age of 14 years in the year 1979. Mukand Lal Khanna satisfied the other conditions as well and went to Kabul and has not returned.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.