Delhi High Court Denies Permission To Accused For Going To Afghanistan; Says Bleak Chance Of Returning Under Prevailing Circumstances Of The Country

Taking note of the prevailing circumstances in Afghanistan resulting from Taliban's takeover, the Delhi High Court has refused to permit an Afghan National, accused in connection with a customs case, to return to his country to look after his family. The Court observed that if permitted, the chances of the accused being able to return are very bleak.

Justice Mukta Gupta denied relief to a man who had taken the plea that his first wife was killed by terrorists and that he has to take care of his family including 11 children.

The man was intercepted at the Delhi International Airport while going to Afghanistan for illegally carrying certain medicines worth Rs. 90 lakh. Accordingly, the Additional Commissioner of Customs had imposed a redemption fine of ₹9 lakhs besides penalty of ₹13 lakhs. Later, the Court of CMM granted him permission to go to Afghanistan subject to payment of the said fine. A revision petition filed against the order of CMM was dismissed and hence the present writ petition was filed.

At the outset, the High Court noted that no appeal was filed challenging the order of the learned Additional Commissioner of Customs and thus, the same has attained finality.

"In view of this fact and particularly the fact that there is very bleak chance of the petitioner being able to come back to India, in view of the prevailing circumstances in Afghanistan, this Court finds no ground to release the passport of the petitioner and permit the petitioner to leave the country without depositing the penalty of ₹13 lakhs," the Court said.

It added,

"Considering that the adjudication proceedings qua the petitioner have attained finality and the petitioner even does not wish to redeem the articles, is required to deposit the penalty amount, hence this Court finds no error in the impugned judgment."

In a similar development, the High Court had recently dismissed plea by 30 Indo Tibetan Border Police (ITBP) personnel and two female constables working with ITBP who sought redeployment at the Indian Mission, Afghanistan.

"The petitioners as personnel of armed force like ITBP can be posted anywhere based on the requirement of the force. They have no vested right to be deployed in Afghanistan. Rather it amazes us that in view of the dangerous situation prevailing in Afghanistan currently, the petitioners are keen to be deployed there", the Court had opined.

Case Title: RUHULLA AMIN v. SH AMIT KUMAR AIR CUSTOMS OFFICER

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Edited by Akshita Saxena