NEW DELHI: The Delhi High Court has refused to grant permission to an Afghan national, who is caught up in a customs case, to go to Afghanistan to look after his family, saying there is very bleak chance of his coming back to India in view of prevailing circumstances in his country.
The high court said there was no ground to release passport and to permit him to leave India without depositing the penalty of Rs 13 lakh imposed on him. The man, who was to take the flight to Afghanistan, was intercepted at the airport carrying certain medicines illegally and proceedings were initiated against him after which a redemption fine of Rs 9 lakh, determined as per the value of seized goods, and a penalty of Rs 13 lakh was imposed on him by the authorities. The petitioner has not paid the penalty and wanted to go to Afghanistan on the ground that he has 11 children and his first wife has been killed by terrorists and he has to look after his family.
Justice Mukta Gupta dismissed his appeal, saying “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 permit him to leave the country without depositing the penalty.”
“Considering that the adjudication proceedings qua the petitioner have attained finality and the petitioner even does not wish to redeem the articles, he is required to deposit the penalty, hence this court finds no error in the lower court judgement. Petition is dismissed,” it said.