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2021 (4) TMI 284 - HC - Money LaunderingRemittance of huge money abroad - fake/forged bill of entries - Accusation of committing offences punishable u/s 3 of the Prevention of Money Laundering Act - HELD THAT:- It is a matter of fact that the offence pertains to the year 2014 and as of now, trial has not proceeded. There is no any possibility or likelihood of completion of trial in near future or at least say 3 years. There is no disagreement on this fact situation. Secondly, though 7 to 8 years have passed, there is no any possibility of completion of investigation even in near future or say at least for 3 to 5 years. These facts are not in dispute since the prosecution agency was not in a position to state at bar as to what further period would require to complete the remaining investigation in the offences alleged against private respondent and other co-accused persons - Since the private respondent, when permitted to travel abroad during the year 2018 to 2020, observed all the conditions in its letter and spirit and there is no grievance ventilated at bar that he committed breach of any of the conditions or there is any material placed before the Court at the time of hearing of previous applications for permission for a short period. Not only that, no any order, whereby the private respondent was permitted to travel abroad, has been challenged by the applicant. The private respondent is granted permission to visit for limited period of 3 months at a time, to provide complete itinerary and contact details both to the Court and the investigating officer, to file undertaking to remain present at the time of conducting trial and not to leave India when crucial witnesses are going to be examined by the Court and further not to stay continuously for more than three months in foreign country at a time and more particularly to move out of India for the purpose of business activities only, are sufficient safeguards provided in the impugned order. On combined reading of the conditions imposed upon the private respondent, it transpires that the Designated Court took all care and caution to secure the presence of the private respondent at the time of trial, to trace the accused as and when he goes out of India as he is required to provide complete itinerary and contact details in advance and not to stay continuously for more than three months in foreign countries. Thus, there is complete check on the movement of the private respondent to the knowledge of the concerned investigating agency and the Court and therefore, to impose condition to seek leave of the Court is futile exercise on the part of the Court. There are no reason to interfere with the impugned order - revision application dismissed.
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