High Court affirms denial of travel request due to fraud allegations, risk of evasion, and seized assets

The High Court upheld the Special Judge, CBI, Chandigarh's decision to deny the petitioner's request to travel abroad due to concerns about potential evasion of legal proceedings, seriousness of fraud allegations involving a loss of Rs. 300 crores, and lack of clarity in the petitioner's intentions. The court emphasized the risk of the accused fleeing the country given the seized assets and connections to the fraud case, ultimately supporting the denial of permission to travel abroad.

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Issues:
1. Permission to travel abroad declined by the Special Judge, CBI, Chandigarh.
2. Allegations of fraud amounting to loss of Rs. 300 crores.
3. Dismissal of the petitioner's application to travel abroad.

Analysis:
1. The petitioner sought to set aside the order declining permission to travel abroad, citing involvement in the import-export business of readymade garments and previous travel history. The passport was released earlier, but subsequent applications were declined. The Special Court, PMLA, Chandigarh had granted permission for travel to Dubai and the USA. The petitioner argued that the denial of permission by the CBI Special Court was unjust.

2. The CBI contended that the petitioner, a main accused in a fraud case causing a loss of Rs. 300 crores to the Indian Overseas Bank, might flee the country if allowed to travel. The accused's assets were seized, and there were concerns about potential escape and evasion of legal proceedings. The CBI highlighted the seriousness of the offense and the accused's alleged role in siphoning funds.

3. The Special Judge, CBI, Chandigarh, dismissed the petitioner's application, emphasizing the lack of clarity in the petitioner's intentions to travel abroad for business purposes. The court noted discrepancies in the petitioner's statements regarding the purpose of travel and highlighted the risk of evasion based on the seriousness of the allegations and the accused's connections to the fraud case. The court found no merit in the petitioner's arguments and upheld the denial of permission to travel abroad.

In conclusion, the High Court upheld the decision of the Special Judge, CBI, Chandigarh, to decline the petitioner's request to travel abroad, considering the seriousness of the fraud allegations, concerns about potential evasion of legal proceedings, and lack of clarity in the petitioner's application.

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