The Kerala High Court Single Judge-Bench of Justice VG Arun set aside a sessions court order that denied a narcotics case accused permission to travel abroad for work. The court criticized the sessions judge for making an improper comparison between the petitioner and fugitives like Vijay Mallya and Nirav Modi, who have remained absconding.

"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 High Court stated.

The petitioner, the fourth accused, was charged under Sections 22(b) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS). The Additional Sessions Court- III, Thrissur (sessions court) granted bail to the accused on 6th March, 2019. Later on, he filed a petition seeking permission to leave the country and be represented by a counsel, but the sessions court rejected his request, leading to the filing of the current petition.

The petitioner's counsel argued that his client was just 18 at the time of the alleged offense and is now 24; refusal to permit the petitioner to take up employment abroad is unjustified. He also contended that the sessions judge's comparison of the petitioner to fugitives like Vijay Mallya and Nirav Modi was unwarranted.

The Public Prosecutor opposed the petition, arguing that the offense was serious and granting permission to travel abroad could lead to the petitioner absconding.

The High court sought a status report from the Additional Sessions Judge on the petitioner's case, which had been pending since 2019. The report revealed that there was a pile up of over 1,000 cases older than five years and more than 4,000 cases in total pending before the court. Due to High Court directives prioritizing older cases, charges had not yet been framed in the petitioner's case, and the Sessions Judge estimated that at least two more years would be needed for its disposal.

After due deliberation of facts and arguments the Court concluded 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.”

Hence, the court disposed of the case and ordered the Additional Sessions Judge-III, Thrissur, to grant the petitioner permission to travel abroad, provided he is represented by counsel in his absence and complies with any conditions set by the judge.

Case Details: Sooryanarayanan V/s State Of Kerala & anr., Crl.MC 8982/2024

Advocate for the Petitioner: Manumon A.,Rebin Vincent Gralan, Suresh C., Santhosh.T.P, Ria Varghese, Rosna M. Joy, Angel Mary K.P.

Advocate for the Respondent: Smt. Pushpalatha. M.K, Sr.PP.