9911796707
TMI Blog2023 (9) TMI 1550X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner." 2. The petitioner is aggrieved of the impugned order dated 11.10.2022 passed by the learned Trial Court whereby the application for setting aside the look-out circular (LOC) issued at the behest of the complainant department and seeking permission to travel abroad for receiving treatment for his rare medical condition affecting his vision was declined predominantly on the ground that the petitioner failed to set up any case to set aside the LOC. Learned Trial Court also took note of the fact that the petitioner tried to flee away from the country soon after the registration of the FIR and because of that reason LOC was requested to be opened by the E.D. so that the petitioner could be apprehended in case he tries to flee away. 3. In the impugned order, the learned Trial Court also took note of the fact that while considering the issue of bail in case FIR No. 172/2018 PS EOW, the Hon'ble Supreme Court in SLP (CRL) 11818/2019 vide order dated 18.12.2019 inter alia directed that the petitioner will not travel abroad without the leave of the learned Trial Court. Learned Special Judge inter alia held that the petitioner had not moved any application before the learned Trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the stock of cars in order to show that there was sufficient stock of cars and concealed and diverted the sale proceeds of the cars, without repaying the loan of the banks. Balance proceeds have been utilised for meeting the inter-alia miscellaneous expenses of the companies. Furthermore, it was also found that there was a loan availed by the M/S Zenica Performance Cars Pvt. Ltd. for the purchase of 6 Porsche cars and the sanctioned amount was to be paid on an EMI basis whereby the company sold the cars despite being hypothecated with HDFC bank and the company diverted the sale proceeds without any repayment to the bank. As per the investigation, the petitioner had indulged in the offences under PMLA, 2002, acquiring the proceeds of crime amounting to 115 crores in the form of a loan from HDFC bank in favour of his company's operations. 7. Mr. Ramesh Gupta, learned senior counsel for the petitioner submits that the respondent registered the case against the petitioner, his father, and the other accused persons. However, the petitioner was not arrested during the course of the investigation by the respondent. On 19.02.2021 the respondent filed a complaint under sections 44 & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for his rare medical condition and now he has to undergo a DALK surgery (i.e., complete cornea transplant, which in itself is a very rare and unique medical procedure). Further, it has been submitted that the petitioner is suffering from "Keratoconus" and was also previously treated by Dr. Mark Wilkins, Consultant Ophthalmic Surgeon in London who is now associated with OCL Vision, for both eyes because of which the Petitioner has full faith and trust only in him and no one should be denied of the medical treatment by the doctor of his choice. 10. It has further been submitted by the learned senior counsel for the petitioner that the said treatment is not available in India and the respondent has misled the trial court and is now trying to mislead this court by placing reliance on the two letters dated 29.09.2022 which have been obtained by misinforming the Doctors at AIIMS & Medanta. Moreover, even on 12.08.2023, the petitioner consulted Dr. Sanjiv Mohan of Mohan Eye Institute where he was examined for more than one and a half hours in the presence of an I.O from the office of ED, who after examination opined that: "-Referred to Dr. Mark Wilkins for further opinion and managemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w that the petitioner has not obtained permission from the trial court of the EOW first as directed by the Hon'ble Supreme Court but has approached the special court (ED) seeking permission to travel abroad and for setting aside the LOC. It has been submitted that the court of Learned ASJ being the superior court and as advised to the petitioner, first approached the court of learned ASJ. The LOC was issued at the behest of the Respondent therefore the appropriate court would have been the special court of Learned ASJ for suspension of LOC and permission to travel abroad. 17. It has been submitted that the trial court erroneously observed that the father of the petitioner cannot be a surety as he is an old person and was suffering from COVID-19 whereas, the father of the petitioner is aged 62 years and is a physically fit person. Therefore, the fallacious view taken by the Learned Trial Court must be rejected and the petitioner if this Hon'ble court permits can travel abroad for a period of 4 weeks for treatment of his rare eye condition. 18. Learned Senior Counsel for the petitioner submits that the petitioner has placed an affidavit duly signed by the petitioner's mother, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1958 SCR 1226: AIR 1958 SC 376 wherein it was inter-alia held that, a fair trial has naturally two objects in view; it must be fair to the accused and must also be fair to the prosecution. The test of fairness in a criminal trial must be judged from this dual point of view. 22. It has been further submitted that the petitioner was granted regular bail by Learned Special Court, PMLA on 13.01.2022 subject to the condition that he will not leave India without the permission of the Court. The petitioner thereafter filed an application seeking permission to travel abroad before the Learned Special Court, which has been rightly rejected by the Learned Special Court. 23. It has been further submitted by the Learned Special Counsel for the respondent that the petitioner is seeking permission to travel abroad to allegedly undergo "laser retinopexy", a treatment which is widely available in India. Learned Special Court, PMLA, vide the Impugned Order, has rejected the travel application since the treatment sought is widely available in India. Further, an opinion was taken from Medanta Hospital as well as Dr. Rajender Prasad Centre for Ophthalmic Sciences, AIIMS, New Delhi wherein it has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India AIR 1978 SC 597. 28. Similar, sentiments were echoed in Satish Chandra Verma v. Union of India 2019 SCC OnLine SC 2048 wherein it was inter-alia held that the right to travel abroad is an important basic human right. It is pertinent to mention here that in Karti P. Chidambaram v. Bureau of Immigration & Ors in W.P. No. 21305 of 2017, it was inter-alia held that the LOC cannot be issued as a matter of course. It was inter-alia held that only if an accused deliberately evads the arrest and does not appear before the learned Trial Court such a course can be adopted. It was further held that the order issuing LOC is amenable to the power of judicial review as such a decision has adverse civil consequences. 29. This Court in Directorate of Enforcement v. Kanwar Deep Singh in Crl.M.C. 1748/2022, inter-alia held as under:- "12. In Manoj Kumar Babulal Punamiya (supra) the stem cell treatment was not available in India, and whereas in Miss Marie Andre (supra), she was allowed to take treatment of Cancer in Canada as all her family members were stationed there, which is not the case here. The treatment sought for is very much available in India and all his family members are also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the treatment of "Prophylactic Laser Retinopexy" is widely available in many hospitals in India including Medanata Hospital as well as Dr. Rajendra Prasad, Centre for Ophthalmic Sciences, AIIMS. 33. E.D. has contended that treatment of "Prophylactic Laser Retinopexy" is available in India and permission should not be granted to the petitioner to travel abroad. The contention of the petitioner that the passports of her daughter or father may be detained, cannot be accepted as admittedly they are also British nationals. 34. Taking into account that the facts are serious in nature and the medical treatment is available in India, the order of the learned Trial Court is well reasoned, there is no ground to consider the prayer for travela broad of the petitioner. It is also a settled proposition that the power under Section 482 Cr. PC is to be exercised wherein such power can only be used to prevent the miscarriage of justice or abuse of the process of law. I do not consider that this is the case where the order of the learned Trial Court can be interfered while exercising the powers of Section 482 Cr. PC. The learned Trial Court has dealt with the matter in accordance with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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