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2012 Supreme(Mad) 4719

M.Venugopal
M. Kaja Mohaideen – Appellant
Versus
Senior Intelligence Officer, Directorate of Revenue Intelligence Regional Unit, Coimbatore – Respondent


ADVOCATES APPEARED:
S. Palanikumar, for Petitioner C. Arul Vadivel @ Sekar, Special Public Prosecutor (Customs), for Respondents

ORDER

1. The petitioner/accused has focused the present Criminal Revision Petition as against the order passed in Cr. M.P. No. 1618 of 2012 F. No. VIII/48/04/2011-DRI dated 10.4.2012 passed by the Learned Judicial Magistrate No. I, Tiruchirapalli.

2. The Learned Judicial Magistrate No. I, Tiruchirapalli, while passing the orders in Cr. M.P. No. 1618 of 2012 on 10.4.2012 has among other things observed that on the side of prosecution, it is represented that if the pass-port is handed over to the petitioner/accused, then he will go abroad and that he may not appear during the trial of the case etc., and consequently, accepting the said submission, dismissed the petition.

3. Assailing the order of dismissal dated 10.4.2012 in Cr. M.P. No. 1618 of 2012 passed by the Learned Judicial Magistrate No. II, Tiruchirapalli, it is the submission of the Learned counsel for the petitioner/accused that the impugned order is unsustainable in law because of the fact that neither the Investigation officer nor the Court have the power to impound the Pass-port pending investigation on trial.

4. The Learned counsel for the petitioner/accused urges before this Court that the ‘Right of Travel’ to a foreign C






































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