The Bombay High Court has deleted the bail condition requiring surrender of passport in Rs. 5 Crore gold smuggling case.
The bench of Justice Milind N. Jadhav has deleted the bail condition by issuing clarification that as and when Applicant desires to travel abroad, it shall be mandatory for Applicant to inform in writing all such necessary details in writing on affidavit about her itinerary, date of travel, date of return, details of the place where and with whom she will be residing during her visit, details of the places which she intends to visit during her visit to abroad, her phone number, email ID etc. to the prosecution officer before she undertakes to travel abroad on affidavit and that she will undertake to respond to them in an emergency and shall fully co-operate with the investigation.
The applicant was arrested by prosecution officers at the airport along with gold which she was allegedly trying to smuggle / import into India without declaration. Thereafter Applicant has been enlarged on bail on certain conditions including condition to seek prior permission to travel abroad. Applicant desires to travel to USA for medical checkup, monitoring and treatment and the daughter’s school programme. Details of her medical ailments, monitoring, treatment and appointment of doctors are all placed on record to support the case of Applicant.
The Applicant is suffering from Complex Regional Pain Syndrome. She is currently experiencing persistently increased upper extremity pain and will benefit from Stellate Ganglion Block (SGB) under Ultrasound Guidance. This treatment is needed every 3 months which can only be administered by the Doctors.
The department contended that even though the treatment may be otherwise available in India, however insofar as Applicant is concerned she is an Overseas Citizen of India (OCI) which means that she is a citizen of USA and was taking this treatment in the USA in the past. Hence prosecution is opposing the Application due to fear that she will be a flight risk.
Dr. Sujay Kantawala, the Counsel for the Applicant contended that Applicant has been taking treatment for her medical ailment in USA even prior to her arrest. Even the trial Court has noted in the bail order that Applicant is a sick person and that has also been weighed with the trial Court.
Dr. Kantawalasubmitted that the Applicant has cooperated in the investigation and she is ready to give the entire details of her bank accounts and LIC policies to the prosecution officers as desired by them.
The court noted that prosecution cannot force the Applicant to undertake medical treatment in India and resist her request to undertake treatment in the USA when she desires to travel to the USA for that reason and return back.
The court quashed the order passed by the Magistrate and permitted the Applicant i to travel abroad to USA as delineated in the bail order as corrected / modified by the order subject to her abiding by the directives contained in the order.
Case Details
Case Title: Ami Kotecha Versus Union of India & Anr.
Case No.: Application No. 197 Of 2025
Date: 30/04/2025
Counsel For Petitioner: Dr. Sujay Kantawala a/w Jeffry Claeb & Ms. Aushi Jha
Counsel For Respondent: Siddharth Chandrashekhar
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