Unwarranted Comparison With Vijay Mallya, Nirav Modi: Kerala HC Permits NDPS Accused To Go Abroad To Work

The Kerala High Court while allowing an NDPS case accused to visit abroad to work observed that it will be unjust to deny him such an opportunity citing the examples of individuals like Vijay Mallya and Nirav Modi.

The Court was considering a Criminal Miscellaneous Petition filed by the accused to travel abroad while being on bail.

The Bench of Justice VG Arun observed, "Having heard the learned Counsel and having gone through the report, this Court is of the opinion 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. 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 Petitioner was represented by Advocate Manumon A. while the Respondent was represented by Senior Public Prosecutor Pushpalatha M.K.

Facts of the Case

A case was registered against the Petitioner for offences punishable under Sections 22(b) and 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was granted bail and later filed a petition seeking permission to leave the country which was eventually rejected.

Counsel for the Petitioner submitted that his client had just crossed 18 years on the date of commission of the alleged offence and him being now 24 years old, refusal to permit him to take up employment abroad is unjustified. It was pointed out that the Sessions Judge rejected the petition by drawing a parallel to the cases of Vijay Mallya and Nirav Modi, which is totally unwarranted under the facts and circumstances of the case.

It was submitted that as per the direction of the High Court, disposal of old cases were given priority and hence, charge has not been framed in the petitioner’s case and according to the Sessions Judge, at least two years will be required to dispose of the case.

Reasoning By Court

The Court was of the view that Petitioner can't be denied work opportunity with unwarranted comparison with individuals like Vijay Mallya and Nirav Modi.

"The Crl.MC is hence disposed of by directing the Additional Sessions Judge- III, Thrissur, to grant permission to the petitioner to go abroad, subject to petitioner being represented by a Counsel during his absence and such other conditions which the learned Additional Sessions Judge deems appropriate," the Court ordered.

Cause Title: Sooryanarayanan vs. The State of Kerala (2025:KER:2135)

Appearances:

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

Respondent- Senior Public Prosecutor Pushpalatha M.K.

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