Final Order 2

Order Details: COPY OF JUDGMENT
Pdf Text: DLND010088182025
Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
Page 1 of 18
IN THE COURT OF ADDITIONAL SESSIONS JUDGE-05
NEW DELHI DISTRICT : PATIALA HOUSE COURTS : NEW DELHI
Criminal Revision No. 595/2025
F.No. VIII(AP)10/P&I/5255-A/Arrival/2025
U/s 135(1)(a)(b)(e) of the Customs Act, 1962
In the matter of :-
Imdad Ali Gazi
S/o Ghulam Mohd. Gazi
R/o Pandrathan Lasjan,
Srinagar-190003
Jammu & Kashmir
…..Petitioner/Accused
(represented by Ld. Counsel Sh. Amit Atri and
Sh. Nikhil Singh)
Versus
Air Commissioner of Customs (Appeal)
New Customs House,
New Delhi.
…..Respondent
(represented by Ld. Counsel Sh. Akshay Saxena)
CRIMINAL REVISION UNDER SECTION 438
r/w SECTION 440 BNSS
Date of institution : 14.10.2025
Date when judgment reserved : 07.11.2025
Date of Judgment : 07.11.2025
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Criminal Revision No. 595/2025
Imdad Ali Gazi
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Air Commissioner of Customs (Appeal)
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J U D G M E N T
1. Introduction
The present revision petition has been filed under Section 438 read with
Section 440 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) challenging
the order dated 27.09.2025 passed by the Learned Judicial Magistrate First
Class-04 (JMFC-04), Patiala House Courts, New Delhi, whereby the
revisionist was granted permission to travel abroad to Germany for a period
of 6 weeks to attend the International Trade Show Bazaar Berlin 2025,
subject to furnishing a Fixed Deposit Receipt (FDR) of Rs. 5,00,000/- and
compliance with certain other conditions. The revisionist has approached
this Court seeking modification of the impugned order primarily on two
grounds:
a) reduction of the FDR amount from Rs. 5,00,000/-, which is alleged to
be excessive and beyond the financial capacity of the revisionist;
b) extension of the period of travel from 6 weeks to approximately 11
weeks i.e from 17.10.2025 to 2.2.2025 to enable the revisionist to
undertake necessary preparatory work for the trade show and conduct
business activities.
2. Brief Facts
The factual matrix of the case, as emerges from the record, is as follows:
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
Page 3 of 18
a) The revisionist, Imdad Ali Gazi, aged 40 years, is a resident of
Srinagar, Jammu & Kashmir, and is engaged in the business of
trading Kashmiri shawls in European countries. He is the business
partner of Mr. Sajid Hassan Sheikh, the owner of M/s Imperial
Shawls. The revisionist is the owner of a firm in the name of M/s
Gazi enterprises, GST No. 01AJPPG2289P1ZR at Pandrathan Lasjan,
Srinagar-191101.
b) On 04.02.2025, the revisionist, along with one co-accused Sajid
Hassan Sheikh, arrived at the Indira Gandhi International (IGI)
Airport, Terminal-3, New Delhi, from Milan Malpensa, Italy, by
Flight No. AI 138 . Upon their arrival and after walking through the
Green Channel at the International Arrival Hall, both were intercepted
by the Customs authorities on the basis of specific information. A
search was conducted, which resulted in the recovery of 5,034 grams
of gold coins valued at Rs. 3,76,55,597/- (tariff value) and
Rs. 4,06,99,375/- (market value) from the possession of the
revisionist. Further, an invoice dated 31.01.2025 has also been
recovered from the possession of the revisionist which is issued by
M/s Dierre A r/o Italy showing sale of 500 quantity of gold coins
having total value of 3,37,500/- (Euro). The co-accused was also
found in possession of a similar quantity of gold coins.
c) The revisionist was arrested on 05.02.2025 in connection with the
aforesaid recovery under Section 135(1)(a)(b)(e) of the Customs Act,
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
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1962. His statement was recorded under Section 108 of the Customs
Act, 1962, wherein he admitted that during his last visit to Munich,
he met one Mr. Dierre, a resident of Italy, who offered him Rs.
1,75,000/- to carry gold to India. The revisionist further stated that
Mr. Dierre provided him with an invoice/purchase bill of the
recovered gold coins and assured him that carrying gold to India with
an invoice was legal. The revisionist admitted that he was neither the
owner of the recovered gold coins nor was he claiming ownership
thereof, but was merely acting as a carrier.
d) The revisionist remained in judicial custody and subsequently, on
05.04.2025, was granted statutory bail on furnishing bail bonds and
surety bonds in the sum of Rs. 50,000/- by the Learned Chief Judicial
Magistrate, New Delhi District, Patiala House Courts, New Delhi.
e) Thereafter, the revisionist received an invitation letter from Messe
Berlin GmbH, Germany, to participate in the International Trade
Show Bazaar Berlin 2025, scheduled from 05.11.2025 to 09.11.2025 .
On the basis of this invitation, the revisionist filed an application
before the Learned JMFC-04 seeking permission to travel abroad
from 03.10.2025 to 30.03.2026 (initially for six months) to attend the
said trade show and to carry out preparatory work for the same . A
Show Cause Notice dated 28.07.2025 has already been issued to the
revisionist under Section 124 of the Customs Act, 1962.
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
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3.Impugned Order
The impugned order dated 27.09.2025 was passed by the Learned JMFC-
04, Patiala House Courts, New Delhi, after hearing the submissions of
both parties. The findings and directions of the learned Trial Court are as
follows:
a) Submissions Before the Trial Court: The Learned Counsel for the
revisionist submitted that the revisionist is engaged in the business of
trading Kashmiri shawls in European countries and regularly
participates in various international exhibitions. He had received an
invitation to participate in the International Trade Show Bazaar Berlin
2025, scheduled from 05.11.2025 to 09.11.2025, and sought
permission to travel abroad from 03.10.2025 to 30.03.2026 (a period
of approximately six months). The Learned Counsel argued that
certain preparatory works needed to be carried out to attend the said
international trade show and accordingly prayed that permission for
at least two months be granted to travel to Germany.
The Learned Special Prosecutor for the Customs Department
objected to the application on the ground that the invitation for the
International Trade Show pertained only to the period from
05.11.2025 to 09.11.2025. However, the revisionist had sought
permission to travel abroad for six months, which was
disproportionate and unjustified.
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Air Commissioner of Customs (Appeal)
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b) Findings of the Learned Trial Court: After considering the
submissions advanced by both parties, the fundamental right of the
accused to travel abroad, and in the interest of justice, the Learned
JMFC-04 allowed the application and granted permission to the
revisionist to travel abroad (Germany) for a period of 6 weeks to
attend the International Trade Show Bazaar Berlin 2025, scheduled
from 05.11.2025 to 09.11.2025.
c) Conditions Imposed by the Trial Court: The learned Trial Court
clarified that the aforesaid permission shall be for one-time
travel/visit and shall be subject to the following terms and conditions:
 The surety/accused shall furnish an FDR of Rs. 5,00,000/- in
favour of the Learned Principal District & Sessions Judge, New
Delhi District, Patiala House Courts, New Delhi, with an
undertaking that in case he violates any terms and conditions of
the order, the amount shall stand forfeited.
 The applicant/accused shall furnish a detailed itinerary and his
address during his period of stay.
 The applicant/accused shall not seek an extension of his stay
abroad on any ground, including medical grounds.
 The applicant/accused shall authorize his counsel to receive notice
on his behalf during his stay abroad.
 The applicant/accused shall properly instruct his counsel for
proceeding further in this case during his stay abroad, and no
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
Page 7 of 18
adjournment shall be sought for lack of instructions from the
applicant/accused.
 The applicant/accused shall produce his surety in court on any
working day by 4:00 PM to give a statement that the surety has no
objection in case the applicant/accused is permitted to travel
abroad.
 He shall not, directly or indirectly, make any inducement, threat,
or promise to any person acquainted with the facts of the case so
as to dissuade them from disclosing such facts to the court or
tamper with the evidence.
 He shall not indulge in or commit such like offence(s) again
similar to the offence to which he is accused now.
 He shall file an undertaking that a similar application has not been
dismissed/pending before any of the superior courts.
 He would deposit his passport again upon his arrival in India, if
the passport was lying in court with the Investigating Officer (IO).
Accordingly, his passport be released against due
acknowledgment.
d) The learned Trial Court, while granting permission for 6 weeks and
imposing the FDR condition of Rs. 5,00,000/-, observed that these
conditions were necessary in view of the nature of the offence and to
ensure the return of the accused.
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
Page 8 of 18
4.Grounds of Revision
The revisionist has challenged the impugned order dated 27.09.2025 on
the following grounds:
a) Ground No. 1: The amount of FDR of Rs. 5,00,000/- imposed by the
learned Trial Court is excessive, arbitrary, and beyond the financial
capacity of the revisionist. Since the booking of the case against him
under the Customs Act, the revisionist’s business activities have been
paused, and he is not in a position to furnish such a huge amount.
b) Ground No. 2: The period of 6 weeks granted by the learned Trial
Court is insufficient for the revisionist to undertake preparatory work
for the International Trade Show and to conduct his business
activities in Germany. The revisionist had specifically prayed for
permission to travel abroad for at least two months before the learned
Trial Court, which was not granted.
c) Ground No. 3: The revisionist is a permanent resident of Srinagar,
where his family, consisting of his wife, son, daughter, brothers,
mother, and father, resides. There is no chance of the revisionist
fleeing from justice or not being available at the time of trial. The
request to travel abroad is purely for business purposes.
d) Ground No. 4: The investigation in the case has been completed, and
a Show Cause Notice has already been issued. The revisionist has
fully cooperated in the investigation as and when required by the
Customs authorities and is a law-abiding citizen of India.
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Imdad Ali Gazi
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Air Commissioner of Customs (Appeal)
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e) Ground No. 5: The conditions imposed by the learned Trial Court are
onerous and are likely to defeat the very purpose of granting
permission to travel abroad, as the revisionist would be unable to
effectively participate in the trade show and conduct preparatory
business activities within the restricted period of 6 weeks and with
the financial burden of furnishing an FDR of Rs. 5,00,000/-.
5.Scope of Revision
a) The present revision petition has been filed under Section 438 read
with Section 440 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),
which corresponds to the erstwhile Section 439 read with Section 440
of the Code of Criminal Procedure, 1973 (CrPC) . Section 438 of the
BNSS empowers the Sessions Court or the High Court to grant
anticipatory bail, while Section 440 deals with the amount of bond to
be furnished in bail matters.
b) The scope of revision under these provisions is well-settled. The
revisional jurisdiction of the Sessions Court is supervisory in nature
and is exercised to correct errors of law or procedure which have
resulted in manifest injustice. The revisional court does not act as a
court of appeal and does not re-appreciate evidence or substitute its
own findings for those of the lower court unless there is a perversity
or manifest error in the order under challenge.
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
Page 10 of 18
c) However, when the issue pertains to the conditions of bail, including
the quantum of security to be furnished and the period for which
permission to travel abroad is granted, the revisional court has the
jurisdiction to examine whether such conditions are reasonable, just,
and not arbitrary or excessive. The conditions imposed must be
proportionate to the nature of the offence, the financial capacity of the
accused, and the likelihood of the accused absconding or tampering
with evidence.
d) In the present case, the challenge is not to the grant of permission to
travel abroad per se, but to the specific conditions imposed by the
learned Trial Court, namely, the quantum of FDR (Rs. 5,00,000/-) and
the period of travel (6 weeks). This Court is therefore required to
examine whether these conditions are reasonable and proportionate in
the facts and circumstances of the case.
6. Arguments of Both Parties
a) Arguments on behalf of the Revisionist: The Learned Counsel for the
revisionist made the following submissions:
 The revisionist is a small businessman engaged in the trade of
Kashmiri shawls and has been severely affected financially due to
the pendency of the present case. His business activities have been
paused since the booking of the case, and he does not have the
financial resources to furnish an FDR of Rs. 5,00,000/-.
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
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 The nature of the offence is such that the revisionist is merely a
carrier and not the owner of the recovered gold coins. He has no
criminal antecedents and has cooperated fully with the
investigation. The imposition of such a huge amount of FDR is
disproportionate and excessive.
 The revisionist has strong roots in India, with his entire family
residing in Srinagar. There is no likelihood of him absconding or
fleeing from justice. He has been granted bail by the competent
court, which itself is a recognition of the fact that he is not a flight
risk.
 The period of 6 weeks is insufficient for the revisionist to
undertake preparatory work for the International Trade Show and
to conduct business activities. The learned Trial Court itself
acknowledged that preparatory work is required, and the
revisionist had specifically prayed for a period of at least two
months.
 The invitation for the trade show covers the period from
05.11.2025 to 09.11.2025, but the revisionist requires time before
and after the show to make arrangements, meet clients, and
explore business opportunities. A period of two months would be
reasonable and just.
The conditions imposed by the learned Trial Court are so
onerous that they effectively nullify the permission granted and
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Criminal Revision No. 595/2025
Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
Page 12 of 18
would prevent the revisionist from reviving his business, which
has been adversely affected due to the pendency of the case.
b) Arguments on behalf of the Respondent/Department: The Learned Sr.
Standing Counsel for the Customs Department opposed the revision
petition and made the following submissions:
 A Show Cause Notice dated 28.07.2025 has been issued under
Section 124 of the Customs Act, 1962, and the department has
already initiated foreign investigation through the Department of
Revenue Intelligence, which is still underway .
 The revisionist is a frequent visitor to European countries, where
the conspiracy to smuggle gold coins was hatched. It is
apprehended that he may use his clout to influence witnesses and
tamper with evidence.
 Considering the business level of the accused, the conditions laid
down in the impugned order dated 27.09.2025 are just and proper,
and the prayer of the revisionist to allow travel abroad from
17.10.2025 to 02.02.2026 and to reduce the amount of FDR may
not be allowed .
 The revisionist is an influential businessman having business
stakes mostly abroad, and therefore there is grave apprehension
that he may misuse the liberty to travel abroad and may either not
return or delay his return to derail the further process .
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Criminal Revision No. 595/2025
Imdad Ali Gazi
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Air Commissioner of Customs (Appeal)
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The quantum of FDR of Rs. 5,00,000/- is reasonable
considering the nature of the offence involving smuggling of gold
worth over Rs. 3.78 crores (tariff value) and the risk of the
revisionist absconding.
7. Findings on the Grounds of Revision
After hearing the submissions of both parties, perusing the record, and
considering the material on record, this Court proceeds to examine the
grounds of revision.
a) On the Quantum of FDR: The first and primary grievance of the
revisionist is that the FDR amount of Rs. 5,00,000/- is excessive and
beyond his financial capacity. The learned Trial Court has imposed
this condition to ensure the return of the revisionist and to safeguard
against the possibility of him absconding.
 While it is true that the offence alleged against the revisionist
involves smuggling of gold coins valued at Rs. 3,78,35,123/-
(tariff value), it is equally important to note that the revisionist is
merely alleged to be a carrier and not the owner or mastermind
behind the smuggling operation.
 The revisionist has already been granted bail by the Learned Chief
Judicial Magistrate on 05.04.2025 on furnishing bail bonds of Rs.
50,000/-. The grant of bail itself indicates that the competent court
was satisfied that the revisionist is not a flight risk and would not
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Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
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abscond or tamper with evidence. The revisionist has been
complying with the conditions of bail since April 2025 and has not
violated any condition.
 The revisionist is a resident of Srinagar, Jammu & Kashmir, where
his entire family, including his wife, son, daughter, brothers,
mother, and father, resides. He has a permanent address and a
registered business in Srinagar. These factors strongly indicate that
the revisionist has deep roots in India and is unlikely to abscond.
 Moreover, the revisionist has stated that his business activities
have been severely affected since the booking of the case, and he
is not in a financial position to furnish an FDR of Rs. 5,00,000/-.
The purpose of granting permission to travel abroad is to enable
the revisionist to participate in the International Trade Show and
to revive his business. If the condition of furnishing such a huge
FDR is imposed, it would effectively defeat the very purpose of
the permission granted.
 The principles governing the imposition of conditions in bail
matters are well-settled. The conditions must be reasonable, just,
and proportionate to the nature of the offence and the financial
capacity of the accused. They should not be so onerous as to make
it impossible for the accused to comply with them.
 In the present case, considering that the revisionist has already
been granted bail on a bond of Rs. 50,000/-, has complied with all
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Air Commissioner of Customs (Appeal)
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bail conditions, has strong roots in India, and is alleged to be only
a carrier and not the principal offender, the quantum of FDR of Rs.
5,00,000/- appears to be excessive and disproportionate.
 A reasonable amount of FDR would be sufficient to ensure the
return of the revisionist and to address the concerns of the
investigating agency . In the facts and circumstances of the case,
an FDR of Rs. 2,00,000/- (Rupees Two Lakhs only) would be just,
reasonable, and proportionate. This amount would serve as
adequate security without imposing an undue financial burden on
the revisionist .
Accordingly, the quantum of FDR is reduced from Rs. 5,00,000/-
to Rs. 2,00,000/-.
b) On the Period of Travel:
 The second grievance of the revisionist is that the period of 6
weeks granted by the learned Trial Court is insufficient. The
revisionist had specifically prayed for a period of at least two
months before the learned Trial Court to enable him to undertake
preparatory work for the trade show and to conduct business
activities .
 The revisionist is engaged in the business of trading Kashmiri
shawls in European countries and regularly participates in
international exhibitions. The purpose of granting permission to
travel abroad is not merely to attend the trade show but also to
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Imdad Ali Gazi
Vs.
Air Commissioner of Customs (Appeal)
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enable the revisionist to revive his business, which has been
adversely affected due to the pendency of the case .
 A period of two months (approximately 8 weeks), as prayed for,
would be reasonable and just in the circumstances of the case.
This period would enable the revisionist to undertake necessary
preparatory work, participate in the trade shows, and conduct post-
show business activities without being unduly rushed .
 It is important to note that the revisionist has already been granted
bail and has been complying with all conditions . He has strong
roots in India, and there is no apprehension of him absconding .
The extension of the period from 6 weeks to two months would
not prejudice the interests of the investigating agency or the trial
court
Accordingly, the period of travel is extended from 6 weeks to two
months (8 weeks) from the date of departure .
c) Overall Assessment:
 Upon careful consideration of the submissions of both parties, the
nature of the offence, the role of the revisionist, his financial
capacity, his roots in India, and the purpose for which permission
to travel abroad has been sought, this Court is of the view that the
conditions imposed by the learned Trial Court, particularly the
quantum of FDR of Rs. 5,00,000/- is excessive and require
modification .
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Air Commissioner of Customs (Appeal)
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 The modification of these conditions would strike a balance
between the fundamental right of the revisionist to travel abroad
for legitimate business purposes and the concerns of the
investigating agency regarding the possibility of the revisionist
absconding or tampering with evidence .
 The reduction of the FDR amount to Rs. 2,00,000/- and the
extension of the period to two months would enable the revisionist
to effectively participate in the International Trade Shows and to
revive his business, while at the same time ensuring that adequate
safeguards are in place to address the concerns of the investigating
agency.
8. Final Order
a)In view of the above findings and for the reasons stated hereinabove,
the present revision petition is partly allowed. The impugned order
dated 27.09.2025 passed by the Learned Judicial Magistrate First
Class-04, Patiala House Courts, New Delhi, is modified as follows :
 The quantum of FDR to be furnished by the revisionist is reduced
from Rs. 5,00,000/- to Rs. 2,00,000/- (Rupees Two Lakhs only) in
favour of the Learned Principal District & Sessions Judge, New
Delhi District, Patiala House Courts, New Delhi, with an
undertaking that in case he violates any terms and conditions of
this order, the amount shall stand forfeited.
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Air Commissioner of Customs (Appeal)
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 The period for which permission to travel abroad is granted is
extended from 6 weeks to two months (8 weeks) from the date of
departure to Germany.
b) All other terms and conditions imposed by the learned Trial Court
vide order dated 27.09.2025 shall remain in full force and effect.
c)The revisionist shall comply with all the modified conditions within a
period of 10 days from the date of this order, failing which the
permission to travel abroad shall stand automatically revoked .
d) The revisionist is directed to return to India within two months
from the date of departure and to deposit his passport with the
concerned court/Investigating Officer immediately upon his return.
e)The revision petition stands disposed of accordingly.
f) Copy of this order be provided to the parties dasti, if requested .
g) Copy of this order be sent to the Learned JMFC-04, Patiala House
Courts, New Delhi, for information and necessary action.
h) File be consigned to Record Room.
Announced in the open Court
on 07th of November 2025
(Saurabh Partap Singh Laler)
ASJ-05 New Delhi
Patiala House Courts
Delhi 07.11.2025
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