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Synopsis

The Kerala High Court has directed the Additional Sessions Judge to grant permission to a man, accused in a Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) case, to travel abroad for employment.

The court, presided over by Justice V.G. Arun, issued the directive after the accused/ petitioner was denied permission to travel abroad by the Sessions Judge, who placed reliance on examples of Vijay Mallya and Nirav Modi to deny his request, expressing concerns over his possible non-return. The court observed: “Citing the examples of individuals like Vijay Mallya and Nirav Modi, in order to deny opportunity for the petitioner to go abroad for employment, was unwarranted.”

The petitioner was implicated in a case registered in 2018, for offences punishable under Sections 22(b) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The case was later taken up by the Additional Sessions Court-III, Thrissur. The petitioner was granted bail by the District Sessions Court, Thrissur, on March 6, 2019. Subsequently, he moved the Sessions Court seeking permission to travel abroad for employment, with an assurance that he would be represented by counsel in his absence. However, the Sessions Court rejected the plea on August 17, 2024, citing concerns that the petitioner might abscond, drawing comparisons to the fugitive businessmen.

The petitioner contended that he was only 18 years old at the time of the alleged offence and had since turned 24. Despite the passage of time, the trial had not yet commenced, as charges remained unframed due to a significant case backlog in the Sessions Court.

A report from the Additional Sessions Judge revealed that over 1,000 cases older than five years were still pending, with the total number of pending cases exceeding 4,000. Given these circumstances, it was estimated that at least two more years would be required to conclude the petitioner’s case. The petitioner further argued that the Sessions Court’s reliance on high-profile economic offenders like Vijay Mallya and Nirav Modi to justify rejecting his request was wholly irrelevant to his situation.

The court, finding the Sessions Court’s reasoning flawed, stated: “this Court is of the opinion that, if two years are required to dispose the case, it will be unjust to deny the petitioner an opportunity to eke his living by working abroad.”

Accordingly, the court directed the Additional Sessions Judge-III, Thrissur, to grant permission to the petitioner.

 

Cause Title: Sooryanarayanan v State of Kerala [CRL.MC NO. 8982 OF 2024]

Appearance: For the Petitioners-  Advocates Manumon A., Rebin, Vincent Gralan, Suresh C., Santhosh T.P., Ria Varghese. Rosna M. Joy, Angel Mary K.P. ; For the Respondents/State- Senior Public Prosecutor Pushpalatha M.K.