Conditional suspension of a lookout circular permitted foreign travel for a limited period, subject to investigative safeguards.

The Madras High Court described limited interim relief on a lookout circular issued by the Enforcement Directorate, allowing foreign travel for a specified period where comparable permission had already been granted in related proceedings. The Court accepted that the investigation could continue and that the investigating interest could be protected through conditions requiring security, disclosure of itinerary and stay details, availability of mobile contact, non-interference with witnesses or evidence, and appearance when directed. The lookout circular was therefore suspended only until 31.05.2020, solely to enable travel abroad subject to those safeguards.

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Issues: Whether the lookout circular issued against the petitioner by the Enforcement Directorate should be suspended to permit foreign travel during the specified period, subject to protective conditions.

Analysis: The petitioner had already obtained a similar order from the competent criminal court in respect of the lookout circular issued by the CBI, permitting travel abroad for a limited period on identical safeguards. The respondents stated that investigation would continue for some time, but accepted that comparable conditions could be imposed in this matter also so that the investigation would not be prejudiced. In these circumstances, and without entering into the larger merits of the rival contentions, the Court found it appropriate to extend the same limited relief while securing the interests of the investigating agency by imposing conditions relating to security, itinerary disclosure, mobile availability, disclosure of stay details, non-interference with witnesses or evidence, and appearance before the investigating agency when directed.

Conclusion: The lookout circular was suspended only up to 31.05.2020 to enable the petitioner to travel abroad during the stated period, subject to the stipulated conditions.

Ratio Decidendi: A lookout circular may be conditionally suspended for a limited period where comparable relief has already been granted in connected proceedings and the investigating interest can be protected by suitable safeguards.

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