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TMI Blog2019 (6) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... mbai and for a consequential direction upon the second respondent to return the appellant's Indian Passport bearing No.23278550. The Writ Petition was dismissed by the order dated 19.03.2019, which is impugned before us in this appeal. 3. Mr.P.R.Raman, learned Senior counsel assisted by Mr.A.Uma Sankar, submitted that the learned Writ Court ought to have considered the fact that the appellant had made himself available for enquiry on more than 17 occasions and all the interrogation done lasted for several hours and he had been cooperating with the investigation and unless there are good and sufficient reasons to apprehend that the accused is likely to leave the country, there may be a need to issue lookout circular and the same cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not to evade due process of law in India, and hence, there is no cause for issuance of LOC and by doing so, it amounts to abuse of legal process. In support of his contention, the learned Senior counsel placed reliance on the decision of the Division Bench in the case of Karti P.Chidambaram vs. Bureau of Immigration reported in 2018 SCC Online Madras 2229. 4. We have elaborately heard the learned Senior counsel appearing for the appellant and carefully perused the materials placed on record. 5. The challenge to the LOC is primarily on the ground that the appellant has been cooperating with the on going investigation done by the respondents and there is absolutely no cause for issuance of LOC. The appellant would state that he has strong r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fences under IPC or other penal laws, where the accused deliberately evaded arrest or did not appear before the authority and there is a likelihood of the accused moving out of the country to evade arrest on trial. The Ministry of Home Affairs in their official Memorandum, dated 27.10.2010, have issued guidelines for issuance of LOC. The second respondent, Assistant Director of Mumbai Zonal Unit of Directorate of Enforcement, had filed a counter affidavit in the Writ Petition. The appellant had filed a reply to the counter affidavit, copies of which have been annexed in the typed set of papers. The Investigation which is being done by the second respondent revolves around an organisation, which has been declared as unlawful organisation by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction activities of the President speeches, speech videos and the edited videos were forwarded to M/s.Global Broadcasting Corporation located in Dubai, who in turn broadcasted the said videos through Peace TV and other social media. The sister of the President of the unlawful organisation had in the course of her statement recorded under Section 50(2)(3) of the PMLA of 2002 admitted that she became a Director of M/s.Harmony Media at the behest of her brother and agreed to sign the documents and cheques on his instructions and thus, acted as a front to the company. The statement of the another Director was also recorded under the said provisions, who is stated to have admitted that M/s.Harmony Media is involved in producing TV talks which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailed to produce the relevant documents, which he could have easily obtained as all his family members are located and settled abroad. Thus, the respondents are of the view that the appellant is deliberately and intentionally not providing the said documents and he is not co-operating with the investigation. It is further stated that the case is still under investigation and the details of investigation cannot be revealed and if done, it would jeopardise the investigation. The respondents seek for a direction upon the appellant to come out with the details/documents as required as promised during the course of recording the appellant's statement, as they are of utmost importance and crucial for investigation. Further, it is stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... denial to be vague and not specific. In any event, we cannot comment upon the allegations or counter allegations at this juncture, as the case is under investigation. The learned Writ Court after considering the entire facts, held that the LOC was issued with statutory sanction and the respondents had jurisdiction to issue the same. We concur with the view taken by the learned Writ Court. 12. In the case of Karti P.Chidambaram (supra), the Court pointed out that the legality and/or validity of a Look Out Circular has to be adjudged having regard to the circumstances prevailing on the date on which the request for issuance of the Look Out Circular had been made. On facts, the Court found that there was no justification for issuance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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