Delhi High Court allows Chinese national to approach Trial Court for permission to travel to China for father's last rites
Justice Neena Bansal Krishna [01-07-2024]

Read Order: Zeng Shanghaiv.Directorate Of Revenue Intelligence [DEL HC CRL.M.C. 6505/2023]

LE Correspondent

New Delhi, July 2, 2024: The Delhi High Court has granted liberty to a Chinese national, Zeng Shanghai, to approach the trial court to seek permission to travel to China for performing the last rites of his deceased father.

The petitioner had filed a petition under Section 482 Cr.P.C read with Article 226 and 227 of the Constitution of India against the order dated 26.08.2023 of the Additional Sessions Judge (ASJ-04), Patiala House Courts, New Delhi, which had declined his request to travel to his native country. Initially, the petitioner had sought permission to visit China due to his father's illness. However, the application was dismissed by the Metropolitan Magistrate on 22.05.2023 because of a misdescription of the ailment. The petitioner's revision petition before the ASJ was also dismissed on 26.08.2023.

The petitioner's counsel informed the court that the father had passed away on 03.06.2024, and although the burial had already taken place, the petitioner was required to return to China to perform the last ceremonies over a period of 60 days. The counsel further submitted that the allegations against the petitioner were only related to default in payment of import duties.The petitioner has already paid Rs.5.62 crores and a balance of approx.Rs.7 crores now remains to be paid. The counsel submitted that bail also had been granted under Section 167(2) of Cr.P.C.and there was no flight risk.

The Directorate of Revenue Intelligence (DRI), represented by the Standing Counsel, submitted that the verification report regarding the petitioner's father's demise was yet to be received from the Ministry of External Affairs (MEA). The court, however, noted that the Embassy of China had already informed the government about the father's demise on 11.06.2024. Considering the time constraints, the Delhi High Court directed the trial court to decide on the petitioner's application within seven days of its filing. The court also clarified that the previous orders, which were made in the context of the father's ailment, would not adversely affect the petitioner's contentions to travel to China on fresh grounds.