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DELHI HIGH COURT
RAJNISH BHATNAGAR
Chen Hsui Yun – Appellant
Versus
Directorate of Revenue Intelligence – Respondent
| Table of Content |
|---|
| 1. allegations of currency smuggling and initial seizures. (Para 1 , 2) |
| 2. request for permission to travel abroad due to hardship. (Para 3) |
| 3. respondent's concerns over flight risk and compensation. (Para 4) |
| 4. court's analysis of hardship and return guarantees. (Para 5 , 6 , 7 , 8 , 9) |
| 5. conditions set for granting travel permission. (Para 10) |
| 6. final order for travel permission granted. (Para 11) |
JUDGMENT
Rajnish Bhatnagar, J. By virtue of this petition, filed under Section 397 read with Section 482 Cr.P.C, the petitioner is seeking setting aside of the order dated 10.2.2021 passed by Ld. Principal District and Sessions Judge, New Delhi in Criminal Revision Petition 09/2021.
2. It is alleged that on the basis of some specific information, five passengers namely Chen Po Shuo, Wang Wei Ting, Liao Kuan Hua, Ms. Chen Hsui Yun and Ms. Chan Kai Li, holder of Republic of China (Taiwan) would be departing from IGI Airport, T-3, New Delhi by Air India Flight No. AI 310 to Hong Kong with its Scheduled departure at 2305 hrs on 27.08.2019. It is alleged that as per the said information, the said passengers would be carrying huge quantity of foreign currency on their persons
The right to travel, while not absolute, must be considered alongside the principles of justice, personal circumstances of the accused, and legal obligations in smuggling cases.
Foreign citizen - Confiscation of the case property i.e foreign currency from possession – Permission to travel on deposit of 50% of seized currency justified.
Foreign citizen - Confiscation of the case property i.e foreign currency from possession – Permission to travel on deposit of 50% of seized currency justified
The court has the discretion to grant permission for travel abroad while facing trial, and may impose conditions to ensure the petitioner's return.
The court reinforced that bail conditions for foreign nationals accused of serious crimes must prioritize the integrity of the judicial process and the risk of flight.
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
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