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2022 (6) TMI 981 - DSC - Money LaunderingIssuance of Look Out Circular (LOC) - seeking permission to travel to any country without limitation - HELD THAT:- In the present case it is pertinent to observe that the applicant is not an accused. The investigation of the case is going on since 2019. So far there is not even a whisper from the complainant that the applicant may be an accused subsequently. It is not denied that the applicant has appeared before the ED authorities as and when required / summoned. The only grievance of the complainant / ED is that though the applicant physically appeared in compliance of the summonses, he is not providing the relevant documents. The investigating agency cannot endlessly go on saying that the required documents are not being supplied by the applicant. It is pertinent to observe that these observations of the Hon’ble High Court came in bail application. Here the applicant is not even an accused. It was argued on behalf of the complainant / ED that if the LOC is quashed the applicant may not join the investigation. There is nothing in the previous conduct of the applicant to show that he is misusing the liberty granted to him. In view of the previous conduct of the applicant there is no reasonable apprehension to presume that in the absence of LOC he will not come and appear before ED authorities in compliance of the summons. Further, if the applicant fails to appear in response to summons of the ED, without seeking exemption from the authorities of ED, fresh LOC can always be issued for taking coercive measures to secure the presence of the applicant. It is to be observed that as per the complainant / ED LOC is a measure to ensure that the applicant joins investigation. The present applicant though a citizen of India is a permanent resident of Dubai, UAE. It is the case of the complainant that the entire family and business of applicant in abroad. In such circumstances the applicant does not have much interest in India. It was argued on behalf of the complainant that no blanket protection can be given to the applicant. In this regard Ld. Counsel for the applicant fairly submitted that the applicant is willing to cooperate with the investigating agency and abide by any condition imposed by the court - this court does not see any justifiable reason for the continuation of the LOC issued against the applicant. Accordingly, the LOC issued against the applicant is directed to be recalled. The other primary prayer of the applicant is that he may be allowed to travel to countries other than UAE and Iran. Since the LOC issued against the applicant stands quashed, he is free to travel as per his legal rights. However, for securing interest of the investigating agency the applicant is directed to continuously intimate the investigating agency if he travel outside Dubai, UAE. Application disposed off.
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