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2022 (1) TMI 1177 - HC - Money LaunderingSeeking quashing the lookout circular - It is contended that the petitioner has always cooperated in the investigation and no ground for opening of the LOC or the continuation thereof is made out - HELD THAT:- Moin Akhtar Qureshi and Pradeep Koneru are the main accused against whom lookout circulars have been recalled, whereas statement of the petitioner in the above-noted FIR was recorded under Section 164 Cr.P.C. as a witness. Though in the reply affidavit, the respondent claims that the petitioner is an accused however, till date neither he has been arrested nor any charge-sheet filed against the petitioner. The petitioner was arrested in the ECIR recorded by the Enforcement Directorate wherein while granting bail to the petitioner, passport of the petitioner has already been deposited with the Court. Even if the petitioner is chargesheeted in the above-noted FIR, the trial in the complaint filed by the Enforcement Directorate and the charge-sheet filed pursuant to the abovenoted FIR would have to be conducted together in terms of Section 45 of the Prevention of Money Laundering Act, 2002, and the petitioner would be bound to seek permission before travelling abroad. The petitioner thus satisfies the test laid down by this Court in SUMER SINGH SALKAN VERSUS ASSTT. DIRECTOR & ORS. AND COURT ON ITS OWN MOTION VERSUS STATE VS. GURNEK SINGH ETC. [2010 (8) TMI 1083 - DELHI HIGH COURT] as he has neither deliberately evaded arrest nor failed to appear before the Trial Court despite the non-bailable warrants nor has any coercive action been taken against him and he has travelled abroad number of times with the permission of the Court, which concession he did not misuse and therefore there is no justification in continuing with the LOC opened against the petitioner. Hence the respondent is directed to recall its request for opening the LOC against the petitioner - Application disposed off.
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