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2023 (12) TMI 127 - HC - Money LaunderingMoney Laundering - rejection of application for grant of permission to travel abroad - HELD THAT:- In the present case, this Court is of the opinion that though it is not disputed that the proclamation issued under Section 82 of Cr.P.C. in relation to present FIR was set aside vide order dated 10.04.2023 and that the petitioner was granted anticipatory bail in this case vide order dated 20.04.2023, one of the conditions in the order by virtue of which he was granted anticipatory bail was that he will not leave the country without the permission of the Court. Thus, the anticipatory bail granted to him was by way of a conditional order, which was accepted by the petitioner and he had returned to India on 25.04.2023. The LOC opened by the State/EOW also stands cancelled vide order dated 26.04.2023 - However, the LOC opened by the Directorate of Enforcement has neither been cancelled nor quashed and remains in existence, alongwith an another LOC opened by the Income Tax Department. Further, while granting regular bail to the petitioner in the case arising out of ECIR dated 08.08.2021 also, the condition to seek prior permission of the Court before travelling abroad was imposed by the learned ASJ. The investigation against the petitioner is pending in both the cases i.e. in FIR registered by the Special Cell (EOW) and in the ECIR registered by the Directorate of Enforcement. The liberty and the fundamental right under Article 21 of the Indian Constitution to travel abroad is not absolute and is subject to reasonable restrictions, and this restriction was imposed upon the petitioner while he was granted anticipatory bail in the present FIR and regular bail in the present ECIR. In this Court’s opinion, learned ASJ has rightly held that petitioner has not placed on record any cogent reason to travel abroad and that there is no permanent address of the petitioner in Dubai. This Court finds no reason to interfere with the impugned order dated 08.07.2023 passed by learned Additional Sessions Judge-03, New Delhi District, Patiala House Courts, New Delhi - Petition dismissed.
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