Look Out Circulars must follow fair procedure, with disclosure of reasons and a hearing before restricting overseas travel.

A restriction on the right to travel abroad through a Look Out Circular must satisfy fair, reasonable and just procedure under Article 21. Where the affected person had already cooperated in investigation and was stopped at the airport without disclosure of the LOC or reasons and without a prior hearing, procedural fairness required furnishing the LOC, giving an opportunity of hearing, and balancing liberty against investigative needs. Directions were issued to disclose the LOC and reasons, hear the petitioner, and permit travel if immediate presence was not required or on undertaking to appear when directed.

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Issues: Whether the petitioner's restraint at the airport on the basis of a Look Out Circular, without supplying the LOC or reasons and without prior hearing, was lawful and whether appropriate directions were warranted.

Analysis: The petitioner had already appeared pursuant to notice under Section 41-A of the Code of Criminal Procedure, 1973 and had cooperated in the investigation. The notice conditions did not require prior intimation before foreign . The petitioner was nevertheless stopped at the airport solely on the basis of a Look Out Circular, without communication of the reasons or an opportunity of hearing. The right to travel abroad forms part of personal liberty protected by Article 21 of the Constitution of India, and any restriction on that right must rest on fair, reasonable and just procedure. In the absence of disclosure of the LOC and reasons, and in view of the need to balance investigation with constitutional liberty, procedural fairness required that the petitioner be informed and heard before continued restriction.

Conclusion: The restraint on travel was not left undisturbed; directions were issued to furnish the Look Out Circular and reasons, afford a hearing, and permit travel if immediate presence for investigation was not required or on undertaking to appear when directed.

Final Conclusion: The writ petition was disposed of by granting relief to the extent of ensuring disclosure, hearing, and conditional permission to travel abroad, thereby protecting the petitioner's liberty while safeguarding the investigation.

Ratio Decidendi: A restriction on the right to travel abroad through a Look Out Circular must conform to fair, reasonable and just procedure, including disclosure of reasons and an opportunity of hearing, unless immediate investigative necessity justifies continued restraint.

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