Point of Law : Permission to travel abroad to pursue higher studies - Petitioner cannot be denied the right to go abroad to pursue studies only on ground that he is involved in a criminal case. Gravity of charge and young age of petitioner and his quest to acquire quality education, request made appears to be genuine.

JUDGEMENT :

1. This revision petition is filed by the petitioner to challenge order dated 05.06.2021 whereby the learned 1st Additional Munsiff (Forest) Judicial Magistrate 1st Class, Jammu has dismissed the application of the petitioner seeking permission of the Court to permit him to travel abroad in order to pursue higher studies.

2. Brief facts which are necessary for disposal of this revision petition are that on 05.10.2020, when the Police party was on patrolling duty at about 18:30 hours near South Block Bahu Plaza, one person driving his vehicle bearing Registration No. JK02AX-2454 and going towards Trikuta Nagar was signaled to stop. The vehicle stopped and the same was thereafter searched by the police. Upon search, 60/70 grams charas was recovered from the dashboard of the said vehicle. Accordingly, FIR No. 258/2020 under Sections 8/20/29 NDPS Act came to be registered with the Police Station, Trikuta Nagar, Jammu against the petitioner, the occupant of the car. The petitioner was arrested by the police on spot. He was, however, subsequently released on interim bail by the learned 1st Additional Munsiff (Forest) Judicial Magistrate 1st Class, Jammu vide his order dated 07.10.2020 on certain conditions including that he shall not leave the territorial jurisdiction of UT of Jammu and Kashmir during bail period. Vide order dated 15.10.2020 passed by the 1st Additional Munsiff (Forest) Judicial Magistrate 1st Class, Jammu, the interim order dated 07.10.2020 was made absolute. Thereafter, the petitioner filed another application before the 1st Additional Munsiff (Forest) Judicial Magistrate 1st Class, Jammu, seeking permission to travel abroad to pursue higher studies which application came to be dismissed by the learned Magistrate vide its order dated 05.06.2021 on the ground that the petitioner is named as an accused in a case under NDPS Act and there is high probability that he will evade process of the Court if he is allowed to travel abroad. It is this order which has been challenged in this revision petition.

3. Notice in this petition was issued on 01.07.2021 and Mr. Aseem Sawhney learned AAG, who accepted notice on behalf of the respondents, was given time to file objections. However, the same have not been filed so far despite having availed last and final opportunity. While granting last opportunity, it was made clear that in case the objections are not filed by the next date of hearing, the matter shall be considered on merits. It is in that view of the matter, this petition has been considered on merits without the objections.

4. Learned counsel for the petitioner submits that the petitioner is a young boy, aged about 20 years who passed his class 12th examination in the year 2020 securing 86% marks. It is submitted that the petitioner, who intended to pursue his studies abroad, had applied to various outside Universities. He claims to have received offer letter from the University of York, London. It is further submitted that in order to go abroad for studies, it is necessary to take permission of the Court as the petitioner is involved in the criminal case and for this purpose, the petitioner approached the learned Magistrate seeking such permission. However, the permission was declined by the learned Magistrate. Learned counsel would submit that the police till date despite passage of considerable period has not filed charge sheet in the matter. Learned counsel also submits that the petitioner is ready to give an undertaking to the effect that he will cooperate with the investigation and will appear before the Police or the Court as and when required. In case, such permission is not granted, the petitioner will be put to irreparable loss

5. Heard learned counsel for the petitioner and perused the record.

6. Admittedly, in the instant case, charge sheet has not been filed so far and there is likelihood that the trial of the case would take some time even to start. It is pertinent to mention here that the in the p