1987 INSC 0007
                                                    K. S. Abdulla
                                                           Vs

                             Asstt. Director of Enforcement Directorate, Calicut
              Criminal Appeal No. 4 of 1987 (Arising out of SLP (Cri) No. 2912 of 1986)

                                        (Ranganath Misra, M. M. DuttJJ)
                                                      07.01.1987
                                                        ORDER

1. Special leave granted. We have heard Mr. P. H. Parekh learned counsel for the appellant and Mr.
G. Ramaswamy, Additional Solicitor General for the respondent.
2. The appellant is permitted to go abroad subject to the following conditions :

                  (1) The appellant will furnish a bank guarantee of Rs. 10 lakhs (Rs. Ten lakhs) of a
                  Nationalised Bank in favour of the Asstt. Director of Enforcement, Calicut, within 4
                  weeks from today after which the passport will be released.
                  (2) The appellant is permitted to leave India to visit any of the countries in the
                  Middle East, including Saudi Arabia for a period of two months from the time the
                  appellant leaves India.
                  (3) The appellant will furnish the itinerary of his tour programme to the Assistant
                  Director of Enforcement, Calicut, before leaving India.
                  (4) The appellant's wife, Mrs. Beepathumma, aged 41 years and his children, namely
                  :
                  (i) Mariyam (daughter) aged 22 years, married.
                  (ii) Hajara (daughter) aged 20 years, married.
                  (iii) Hannefabi (daughter) aged 18 years, married.
                  (iv) Misiriya (daughter) aged 14 years, unmarried.
                  (v) Abdul Rehman (son) aged 7 years.
                  (vi) Mohamad Sadat (son) aged 5 years.
                  (vii) Kairunnisha (daughter) aged 4 years.
                  will not leave India without the permission of the Magistrate, till the appellant
                  returns to India.
                  (5) The appellant will not dispose of and/or alienate any of his immovable properties,
                  except for the purpose of raising bank guarantee of Rs. 10 lakhs till he returns from
                  abroad.

                  (6) On the return from the foreign tour within a period of two months, the appellant
                  will surrender his passport to the Assistant Director of Enforcement, Calicut. On the
                  appellant returning to India and handling over the passport to the Assistant Director
                  of Enforcement, the bank guarantee will be returned to the appellant. If the appellant
                  does not return within two months Rs. 10 lakhs will be forfeited.

                  (7) On his return from abroad, the appellant will join in the investigations, as and
                  when required.

                  (8) In the case the appellant desires to go abroad in future after his return, he shall
                  have to take prior approval of the Chief Judicial Magistrate.

                  (9) The present order is passed without prejudice to the rights and obligations of both
                  the parties.

3. The appeal is disposed of accordingly.

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