Kerala HC allows NDPS Act case accused to go abroad for job

Terming that comparison with people like Vijay Mallya and Nirav Modi was unwarranted, the Kerala High Court permitted a youth who had been charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act to go abroad for job as conclusion of trial was not foreseeable in the near future.

The 24-year-old petitioner from Thrissur was arrested by the Nedupuzha police in 2018 and granted bail in 2019. His earlier petition to leave the country had been rejected by a Sessions Court, drawing parallel to cases of Vijay Mallya and Nirav Modi, following which he filed an appeal before the High Court.

His counsel contended that the petitioner had just crossed 18 years on the date of commission of the alleged offence and refusal to permit him to take up employment abroad even at the age of 24 years was unjustified.

Stating that drawing parallel to the cases of Vijay Mallya and Nirav Modi was unwarranted under the facts and circumstances of the case, the court took cognisance of the fact that charges were not framed in the petitioner’s case so far and that it will take at least two more years to complete the case.

Stating that the offence was of serious nature, the public prosecutor said that granting the accused permission to go abroad may result in the petitioner going absconding.

The court said that it would be unjust to deny the petitioner an opportunity to earn his living by working abroad, if two years were needed to dispose the case. Disposing the petition, the court directed the Additional Sessions Judge-III, Thrissur, to grant permission to the petitioner to go abroad, subject to the petitioner being represented by a counsel during his absence, and such other conditions which the judge deemed appropriate.