CRM-M-48431-2025 Date of decision : 17.11.2025 Feruza Urishova .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Zahied F. Chouhan, Advocate Mr. Iqura Khan, Advocate, Ms. Nida Parveen, Advocate and Mr. Pulkit Mahajana, Advocate for the petitioner.

Mr. Raj Karan Singh, A.A.G., Punjab.

Mr. Sourabh Goel, Sr. Standing Counsel, for respondent-DRI.

RAJESH BHARDWAJ, J. (Oral)

1. Present petition has been filed seeking quashing and setting aside of impugned order dated 21.07.2025 passed by Ld. Judicial Magistrate Ist Class, SAS Nagat at Mohali in CIS No:CRM-3242-2025, vide which the application moved by the petitioner seeking permission to release the passport and permission to travel to Uzbekistan for a period of 06 months, was dismissed. Further prayer has been made to issue appropriate directions to the concerned authority/officials for the immediate release of the petitioner’s passport.

2. The allegations against the petitioner are that she was apprehended at Chandigarh International Airport along with two other accused and foreign currency was recovered from all the accused persons while they were attempting to board a flight to Abu Dhabi on 13.07.2024.

3. Learned counsel for the petitioner submits that the petitioner is a 44-year-old foreign national and citizen of Uzbekistan, who is sole breadwinner of the family and is presently engaged in lawful means of livelihood. It is further submitted that the petitioner may be granted permission to travel abroad as her mother is suffering from cancer and her father’s health has also deteriorated to a critical and fragile state. He has also placed reliance upon the judgments of the Hon’ble Supreme Court in Suresh Nanda v. CBI (JT 2008 (2) SC 174), Smt. Maneka Gandhi v. Union of India (AIR 1978 SC 597), and Satish Chandra Verma, IPS v. Union of India (Civil Appeal No. 3802 of 2019 arising out of SLP (Civil) No. 1655 of 2019), wherein it has been held that the right to travel abroad forms an integral part of Article 21 of the Constitution of India. He has submitted that the petitioner has already deposited an amount of Rs.6 lacs with the trial Court at the time of grant of regular bail. He further submits that the petitioner is willing to deposit 10% of the recovered amount and prays for quashing and setting aside of impugned order dated 21.07.2025. He has further contended that the co-accused/sister of the petitioner has already been granted the permission to travel abroad by the Co-ordinate Bench of this Court vide order dated 04.11.2025

4. Learned counsel for respondent No.2 has opposed the prayer made on behalf of the petitioner, however, he submits that he would have no objection if the present petition is allowed and the petitioner is condition that she would deposit the recovered amount in the form of a Fixed Deposit Receipt (FDR) in the name of the department. It is further submitted that the petitioner shall provide her complete and accurate address, contact number, and email ID prior to her departure. He also date, then, the said FDR shall be liable to forfeiture.

5. Heard.

6. In view of the serious medical condition of the petitioner’s parents and considering that the petitioner has already deposited an amount of Rs.6 lacs with the trial Court and is willing to deposit 10% of the recovered amount and an additional amount of Rs.2 lacs, in the form of an FDR, she is permitted to travel abroad. Consequently, the present petition is allowed, and the impugned order dated 21.07.2025 passed by the learned JMIC, SAS Nagar, is hereby modified.

7. The petitioner is granted permission to travel abroad for a period of two months from the date of her departure, subject to depositing 10% of the recovered amount along with additional amount of Rs.2 lacs with the trial Court in shape of Fixed Deposit in the name of Department/respondent No.2-Directorate of Revenue Intelligence. The petitioner shall also file an undertaking that