Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2019 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 644 - HC - Money LaunderingOffence under PMLA - Look Out Circular as issued without statutory sanction or not? - Existence of scheduled offences - possibility of the petitioner fleeing from India, and hence, as a precautionary measure, a Look Out Circular was issued against him and accordingly he was detained by Immigration Authorities at Delhi Airport, while he was trying to board a flight to Nepal - HELD THAT:- The entire investigation is related to offences under Sections 10, 13 and 18 of the Unlawful Activities Prevention Act, 1967 and under Section 153A of IPC against Dr.Zakir Naik and others, vide the FIR No.5 dated 18.11.2016. As per the said FIR, the activities of Dr.Zakir Naik and his associates are prejudicial to the maintenance of harmony among various communities and likely to disturb the public tranquility. The FIR also revealed existence of scheduled offences under Part A of the PMLA and ECIR/MBZO/13/2016 dated 21.12.2016 has been recorded by the Zonal Office, Mumbai of the Directorate of Enforcement. As the offence of money laundering is cognizable and a non-bailable offence and the petitioner has been listed as one of the suspected persons, the investigation has been initiated. As the Look Out Circular itself seems to have been issued only based on the FIR registered under the PMLA and the Unlawful Activities Prevention Act, 1967 and therefore, the legality of Look Out Circular has to be considered having regard to the circumstances prevailing as on the date, on which, the request for issuance of Look Out Circular is made. No doubt the petitioner had accepted and acted upon the Look Out Circular and appeared for several hearings based on the summons issued. Hence, the petitioner cannot challenge the legality or validity of the Look Out Circular. Admittedly, his passport and mobile phone were returned to him and what remains to be decided is the validity of Look Out Circular in terms of the length of time. In this case the investigation is not yet over as the authorities are trying to extract the required details for their investigation. Therefore, in the present case it cannot be stated that the Look Out Circular was issued without statutory sanction or that the respondents did not have jurisdiction to issue the impugned Look Out Circular. Look Out Circular was issued in the year 2016 and is challenged after almost more than a year long enquiry was being conducted, by issuing numerous summons. Hence, the impugned Look Out Circular cannot be quashed at this stage. However, this court is inclined to direct the second and third respondents to complete the enquiry as expeditiously as possible, however, not beyond three months from the date of receipt of a copy of this order.
|