HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Crl R 11/2021

Reserved on 26.08.2021.

Pronounced on 03 .09.2021.

Jivitesh Syal

..... petitioner (s)

Through :- Mr. Ayushman Kotwal Advocate

V/s

UT of Jammu and Kashmir

.....Respondent(s)

Through :- None

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

JUDGEMENT

1

This revision petition is filed by the petitioner to challenge order

dated 05.06.2021 whereby the learned 1^st Additional Munsiff (Forest)

Judicial Magistrate 1^st 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

Sr. No. 08

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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 1^st Additional Munsiff (Forest) Judicial Magistrate 1^st 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 1^st

Additional Munsiff (Forest) Judicial Magistrate 1^st Class, Jammu, the

interim order dated 07.10.2020 was made absolute. Thereafter, the

petitioner filed another application before the 1^st Additional Munsiff

(Forest) Judicial Magistrate 1^st 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 12^th examination in

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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