Shahin Akhtar
On 03rd September 2025, the Bombay High Court has ruled that an ongoing customs duty evasion case cannot, by itself, be used as a reason to stop an accused from travelling abroad. The order was passed in Sruti Vijaykumar v. Falgun Yogendra Shroff and Anr, where businessman Falgun Yogendra Shroff sought permission to attend a furniture fair in Paris.
Shroff was booked by the Directorate of Revenue Intelligence (DRI), Mumbai, under Sections 135(1)(a) and 135(1)(b) of the Customs Act for allegedly evading duty on imported furniture. He was arrested but later released on bail, with conditions that included surrendering his passport for six months and seeking permission from the trial court for foreign travel.
After completing these conditions, Shroff requested permission to travel abroad for the furniture fair. The trial court allowed it despite objections from the DRI. The agency challenged this order before the High Court, arguing that travel could give him an opportunity to interfere with evidence, and also highlighting that a plea for cancellation of his bail was still pending.
Justice S.M. Modak upheld the trial court’s decision, observing that the right to travel abroad is a fundamental right and cannot be restricted merely because an investigation is pending. The Court, however, recognized the need to safeguard the investigation and directed Shroff to deposit ₹2 lakh as cash surety and file an undertaking not to contact exporters or tamper with evidence during his trip.
Shroff was allowed to travel from September 4 to September 10, 2025. The Court emphasized the need to strike a balance between the powers of investigating agencies and an individual’s right to personal liberty. It noted that travel restrictions cannot be imposed solely on the basis of a pending case, and stronger reasons must be shown to justify such limitations.
Case Name: Sruti Vijaykumar vs. Falgun Yogendra Shroff and Anr.
Case No.: Cr. W.P./4670/2025
Bench: Justice S.M. Modak
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