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2021 (4) TMI 1274 - BOMBAY HIGH COURTTravel Restrictions - validity of detention at Mumbai Airport - principal contention raised on behalf of the petitioner is that when he is not arraigned as an accused in any FIR, much less FIR pertaining to offences registered against the owner of Kingfisher Airlines, there was no basis for Respondent Nos. 2 and 3 to impose travel restrictions on him - HELD THAT:- It is specifed that recourse to issuance of LOC is to be taken in cognizable offences under the IPC or other penal laws. It is also specifed therein that in cases where there is no cognizable offence under the IPC or other penal laws, LOC subject cannot be detained/arrested or prevented from leaving the country. The agency which has caused the issuance of LOC can only request that it be informed about arrival/departure of the subject in such cases. This is of signifcance in the present Writ Petition. A perusal of the office memoranda would show that in the present case, since the petitioner is not arraigned as accused for cognizable offence and he was merely called for questioning only once by Respondent No. 2-CBI in connection with case of Kingfisher Airlines, travel restrictions could not have been imposed upon him. All that Respondent No. 2-CBI could insist upon, under clause (h) of the office memorandum dated 27.10.2010, was that it be informed about arrival/departure of the petitioner in connection with his trips abroad - It is not even the case of the respondents that if the petitioner is permitted to leave the country it would be detrimental to the sovereignty, security or integrity of India or bilateral relations with any country or to the strategic/economic interests of India. It is also not the case of the respondents that any amounts are to be recovered from the petitioner for which the Chairman of the SBI or any other public sector bank has made a request for issuance of LOC. There can be no doubt that the petitioner needs to co-operate with Respondent No. 2-CBI in that regard. But, it cannot be said that Respondent No. 2 was entitled to impose travel restrictions to prevent the petitioner from travelling abroad. The Petitioner shall be entitled to travel abroad for his personal and professional obligations, subject to the conditions imposed - petition allowed.
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