High Court Kerala High Court

M.M.Ashraf vs Collector Of Customs on 4 May, 2007

Kerala High Court
M.M.Ashraf vs Collector Of Customs on 4 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1426 of 2007()


1. M.M.ASHRAF, S/O. MOHAMMED MUSTAFA,
                      ...  Petitioner

                        Vs



1. COLLECTOR OF CUSTOMS,
                       ...       Respondent

2. ASSISTANT COLLECTOR,

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.C.KHALID

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :04/05/2007

 O R D E R
                       K.P.BALACHANDRAN, J.


                       Crl.M.C.No.1426  of 2007


                  Dated this the 4th day of May 2007




                                   O R D E R

Heard the learned counsel for the petitioner and the

learned Director General of Prosecutions. The grievance that is

highlighted by the learned counsel for the petitioner is that it

was believing the customs officials that he will not be liable to

prosecution if he pays the penalty as well, over and above

confiscation of the undisclosed gold found in his possession, that

he paid the penalty as well, that, at present, marriage of his

daughter is fixed; that the bride groom is from Pune and that the

marriage is to be solemnised on 20/05/2007 at Kannur and that

in as much as warrant is pending against him from the court of

learned Additional Chief Judicial Magistrate (Economic

Offences), Ernakulam in C.C.No.119/1988 (presently

L.P.No.25/05) the petitioner will not be able to have the

marriage of his daughter performed. The grievance highlighted

by the petitioner is genuine and is not disputed by the Director

General of Prosecution. Though prayers 1 and 2 of Criminal

Miscellaneous Case do not deserve to be allowed, the petitioner

Crl.M.C.No.1426 of 2007 2

is directed to surrender before the learned Additional Chief

Judicial Magistrate (Economic Offences), Ernakulam positively

on or before 16/5/2007. On such surrender before the learned

Additional Chief Judicial Magistrate (Economic Offences),

Ernakulam, he shall surrender his passport before the learned

Additional Chief Judicial Magistrate (Economic Offences),

Ernakulam and deposit by way of cash security an amount of

Rs.50,000/- (Rupees fifty thousand only) and execute bail bond

for an amount of Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like sums to the satisfaction of

the Additional Chief Judicial Magistrate (Economic Offences),

Ernakulam. On the petitioner complying with the above

conditions and filing an affidavit undertaking that he will not

leave India without the permission of the trial court till disposal

of the case, the learned Additional Chief Judicial Magistrate

(Economic Offences), Ernakulam shall release the petitioner on

bail. On such release, the petitioner shall invariably appear in

the court below on all posting dates of the case till its disposal

and any failure on his part to comply with the above directions

shall entail forfeiture of the cash security that may be deposited

by him in the court below and the learned Additional Chief

Crl.M.C.No.1426 of 2007 3

Judicial Magistrate (Economic Offences), Ernakulam shall also be

at liberty to consider the bail as cancelled and to proceed against

the petitioner and his sureties under Section 446 Cr.P.C.

2. This Criminal Miscellaneous Case is disposed of

granting bail as aforesaid as prayers 1 and 2 does not deserve to

be allowed.

K.P.BALACHANDRAN,

JUDGE.

jsr

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