Meera Saibo Samsudeen vs Intelligence Officer, Narcotic Control Bureau, South Zonal Unit, Chennai 90

V. Jagannathan

The order dated 22.2.2012 passed by the learned Spl. Judge rejecting the application filed by the appellant u/s 452 of the Cr.P.C is the subject matter of this appeal. Submission of the learned counsel Sri, Hashmath Pasha, for the appellant is that, the appellant was acquitted by the trial court in Spl.C.C. No. 234/04 and thereafter an application was filed by the appellant seeking return of the passport (Ex.P25) and other documents and also currency notes. The said application was rejected by the learned Special Judge. It Is therefore submitted that, when the appellant has been acquitted by the Sessions Court after a full fledged trial, merely because the complainant NCB has also preferred an appeal before this court challenging the acquittal order, that is not a ground to refuse the prayer of the appellant for release of the passport. In this connection learned counsel placed for my perusal the order passed in similar circumstances by this court in Crl.A. No. 370/11 on 13,6.2011 and on the very same reasons, learned counsel sought for the appeal being allowed.

Learned counsel Sri, K. Mohan for the respondent - Intelligence Officer, NCB submitted that the respondent has also filed an appeal challenging the acquittal of the appellant herein and therefore in the event of the respondent''s appeal being allowed, it will be difficult to get the appellant as he is a foreign National.

Having thus heard both sides, in view of the acquittal of the appellant by the trial court, merely because appeal is preferred by the respondent, that is not a ground to reject the prayer of the appellant for release of the passport, This court in similar matter referred to by the learned counsel for the appellant in Crl.A. No. 370/11 has directed release of the passport by imposing conditions and similar order can therefore be passed in this case also.

Criminal appeal is allowed and the trial court is directed to release the passport (Ex.P25) in favour of appellant in Crl.A. No. 460/12 subject to the condition that the said appellant shall execute a self bond for Rs. 1 lakh and shall also furnish the correct address of his place of residence after getting attested by the Embassy of Srilanka and also attested by the Indian Embassy at Srilanka. The appellant shall also give an undertaking that he will appear before this court without fail, in the event he is called upon to do so, during the pendency of this appeal.