The Delhi High Court granted a Travel Permit to Chinese Lady caught for Smuggling Foreign Currency in India.
The petitioner, Chen Hsui Yun aged 54, was caught in a currency smuggling case. It was alleged that the passengers were carrying huge quantities of foreign currency on their persons or in hand baggage or in their checked-in-baggage and would attempt to smuggle out the same. It is alleged that the respondent officers reached T-3 IGI Airport and intercepted the 5 passengers at Boarding Gate. It is alleged that their checked-in-baggage was searched and a total of USD 4,49,600 equivalent to Indian Rs.3,25,51,040 was recovered.
It was alleged that the petitioner was found in possession of foreign currency equivalent to Rs.65,00,000/- in her check-in-baggage. This was followed by the petitioner being granted bail by the CMM Patiala House Courts. In another application, the petitioner sought the release of her passport which was initially granted by the CMM Patiala House by was later revoked by the learned District and Sessions Judge, PHC, New Delhi, and vide order about which the petitioner remained unaware. It is further averred that the petitioner, thereafter, filed an application seeking permission to go abroad to her native country for a period of six months as the petitioner is a foreign national, and is facing immense financial hardship learned CMM, PHC, in view of the facts and circumstances of the case, allowed the petitioner to visit abroad for a period of six months on certain conditions. The said order of learned CMM was challenged by the Department-respondent before the District and Sessions Judge, Delhi, and was set aside. In the reply, it was contended by the counsel for the respondent that there is no infirmity or illegality in the impugned order and that petitioner is a foreigner so she has no interest in India and in case the petitioner is allowed to go abroad she would not return India to face trial.
Mr. Priyanshu Upadhayay, the counsel for the petitioner filed an application seeking permission to go abroad to her native country for a period of six months as the petitioner is a foreign national, and is facing immense financial hardship. She has no accommodation in India. It is averred that vide order, CMM, PHC, in view of the facts and circumstances of the case, allowed the petitioner to visit abroad for a period of six months on certain conditions. The said order of CMM was challenged by the Department-respondent before the District and Sessions Judge, Delhi, and vide order, Sessions Court had set aside the order granting permission to the petitioner to travel abroad.
The single-judge bench of Justice Rajnesh Bhatnagar considered several factors including age, medical conditions, and family requirements, on deposit of Rs.15,00,000, and promise to return unconditionally after 6 months duration. The court has imposed various conditions on the petitioner.
Firstly, Petitioner, at the time of depositing FDR, shall also furnish an undertaking to report back in the Court on 08.12.2021, failing which the amount of FDR shall stand forfeited without giving any further notice.
Secondly, Petitioner shall furnish her address during her stay aboard.
Thirdly, Petitioner shall not seek extension of her stay abroad on any ground including medical grounds.
Fourthly, Petitioner shall authorize her counsel to receive notice on her behalf during her stay abroad;
Fifthly, During the stay of the petitioner abroad, no adjournment shall be sought by her counsel for lack of instructions from her account;
Sixthly, Petitioner shall surrender back her passport on her return from abroad;
Seventhly, Petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any custom authorities or tamper with the evidence;
Lastly, Petitioner shall not indulge or commit such offence(s) again – similar to the offence to which she is accused now.
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