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2022 (6) TMI 982 - HC - Money LaunderingIssuance of Look Out Circular/Directions - restraint from travelling abroad - Allegation of collection funds by crowdfunding for COVID relief work - proper accounting not done - case of petitioner is that the Circular has been issued without due compliance of the guidelines issued by the Ministry of Home Affairs as well as the guidelines issued by the Courts regarding the same - HELD THAT:- In the particular facts of the case, it becomes evident that the LOC was issued in haste and despite the absence of any precondition necessitating such a measure. An LOC is a coercive measure to make a person surrender and consequentially interferes with petitioner’s right of personal liberty and free movement. It is to be issued in cases where the accused is deliberately evading summons/arrest or where such person fails to appear in Court despite a Non-Bailable Warrant. In the instant case, there is no contradiction by the respondent to the submission of the petitioner that she has appeared on each and every date before the Investigating Agency when summoned, and hence, there is no cogent reason for presuming that the Petitioner would not appear before the Investigation Agency and hence, no case is made out for issuing the impugned LOC. The impugned LOC is accordingly liable to be set aside as being devoid of merits as well as for infringing the Human right of the Petitioner to travel abroad and to exercise her freedom of speech and expression - the impugned LOC is set aside and quashed - Petition allowed.
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