Based on some specific information it was alleged that five passengers who are holders of the Republic of China (Taiwan) were carrying a huge quantity of foreign currency in their baggage, and were attempting to smuggle out the same. It was alleged that the respondent officers reached the Airport and intercepted the passengers at Boarding Gate. It was alleged that their checked-in-baggage was searched and a total of USD 4,49,600 equivalent to Indian Rs.3,25,51,040 was recovered. The said amount was seized and It was also alleged that the petitioner was found in possession of foreign currency equivalent to Rs.65,00,000/- in her check-in-baggage.
Learned counsel for the petitioner submitted that the petitioner is a mere carrier and tried to smuggle foreign currency inadvertently. He further submitted that petitioner has remained in India for about one year and six months and the petitioner, being a lady, aged about 54 years, is facing extreme hardship living in Delhi
It was further submitted that the petitioner may be permissible to visit her home for some period and subject to conditions and the petitioner would not misuse the liberty to visit her country if granted by the Court, and would appear in Court for the trial. It was also submitted that the respondent is not opposed to the petitioner going abroad but subject to deposit 50% of the amount of recovered foreign currency from the petitioner is burdensome. It was further submitted that there are no allegations that the petitioner is a habitual offender.
The respondent argued that if the petitioner is a foreigner, she has no interest in returning to India and in case the petitioner is allowed to go abroad she may not return to India to face trial. It was also submitted that in the event petitioner is allowed to travel abroad, then the petitioner may be directed to deposit at least 50% of the foreign currency either in the form of cash or in the form of an FDR with this Court
As per the facts and circumstances discussed the court held that is allowed to travel abroad to her country, i.e. Taiwan, for six months on deposit of the amount of Rs.15,00,000/- lakhs in the form of an FDR in the name of Registrar General of this Court, by following certain conditions;
Petitioner, at the time of depositing FDR, shall also furnish an undertaking to report back in the Court and by failing the amount of FDR shall stand forfeited without giving any further notice; and the Petitioner shall furnish her address during her stay aboard and shall not seek an extension of her stay abroad on any grounds which also includes medical grounds and the Petitioner shall not indulge or commit such like offense again or similar to the offense to which she is accused now.