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2022 (7) TMI 1066 - HC - Money LaunderingPermission to travel abroad - Recovery of Bribe amount - certain records were seized regarding the company of the respondent using forged documents/invoices to make bogus entries in the books of its accounts and using the same as genuine - It is the case of the respondent that only two grounds were raised before learned Trial Court that the treatment was available in the country and the respondent may tamper with the evidence - HELD THAT:- As far as availability of the treatment in India is concerned, as per respondent’s counsel, the father of the present respondent had died in Apollo Hospital while suffering from the same/similar ailment, so the respondent does not wish to get himself treated in Apollo Hospital, where the requisite CT Scan machine is available - The maxillofacial cyst surgery is to be done by and under the supervision of the Doctors who are treating him regarding his heart ailment. The grandfather and the father of the present respondent had also died with the same heart disease. Even the respondent had undergone major surgery (angiography) in the year 2016 and he is taking blood thinning medicines prescribed by his treating doctors. For removal of maxillofacial cyst, he has to stop taking the said drug. Hence, the supervision, care and treatment under Doctor Ramasamy Danapal based in London is required, who is well aware of the respondent’s medical history. A report has been also placed on record by the petitioner obtained from medical Superintendent AIIMS Hospital regarding availability of the treatment of maxillofacial cyst at the Center for Dental Surgery at AIIMS and the 640 Slice CT Scan machine being available in Apollo Hospital - It is the admitted case of both the parties that after the registration of the earlier ECIR in the year 2010, the respondent has travelled abroad on a number of occasions after getting his passport released from the Court and he has never violated any of the terms and conditions, which were imposed by the learned Trial Court. The only change in circumstance is that another ECIR has been registered against him, in which he is on bail and a condition for deposit of passport was put afresh. One of the apprehensions expressed by the present petitioner is that the respondent may tamper with the evidence and he may influence the witnesses. Learned counsel for the respondent has submitted that till date, officials of the petitioner have failed to point out as to what is the evidence abroad, which will be tampered with by the respondent during his treatment period or who are the witnesses who will be influenced by him - the learned Trial Court has rightly allowed the present respondent to travel abroad because he needs to be under the treatment of the concerned Doctor, who knows his medical condition and because of his heart condition, his cyst cannot be removed without a competent Doctor being in charge of his heart condition during procedure, when the cyst is being removed. Merely stating that the treatment for removal of maxillofacial cysts is available in AIIMS where appointment is not available till August, 2022 end and the 640 Slice CT Scan is available in Apollo where the respondent has lost his father during the treatment, cannot be a ground to deny the respondent the permission already granted by the learned Trial Court. If the cyst is to be removed in AIIMS then how the machines available in Apollo Hospital can be of any help? It is deemed proper to put one more condition in addition to the conditions put by the learned Trial Court while granting the permission to the respondent to travel abroad and the said condition is that the respondent shall share all his Mobile numbers with the officials of the petitioner and he shall keep the mobile location on at all times - In case, the respondent violates any of the conditions mentioned in the impugned order as well as the condition put today, the official of the petitioner are at liberty to move the Court of learned Special Judge for recalling the said order. Petition disposed off.
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