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        Money Laundering

        2026 (1) TMI 1232 - HC - Money Laundering

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        Travel abroad during PMLA proceedings may be allowed where no flight risk is shown and attendance is safeguarded. Travel permission abroad may be granted during pendency of a PMLA complaint where the proceedings are already stayed, the accused has previously complied ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Travel abroad during PMLA proceedings may be allowed where no flight risk is shown and attendance is safeguarded.

                            Travel permission abroad may be granted during pendency of a PMLA complaint where the proceedings are already stayed, the accused has previously complied with return conditions, and no prima facie material shows a risk of absconding. The availability of virtual appearance and representation through counsel can support such permission. On these facts, travel to Canada for six months was allowed, subject to furnishing surety and a bank guarantee and complying with the court-imposed safeguards securing attendance and participation.




                            Issues: Whether the petitioner was entitled to permission to travel to Canada and stay there for six months during pendency of the PMLA complaint, subject to safeguards.

                            Analysis: The proceedings in the prosecution complaint remained stayed because the final report in the predicate offence had not been filed. The petitioner had earlier been permitted to travel abroad, had complied with the direction to return to India, had been appearing through video conferencing, and had not breached any condition imposed by the Court. No material was produced to show a prima facie apprehension that he would flee from justice merely because he had acquired Canadian citizenship. In these circumstances, and in view of the availability of virtual appearance and physical presence of counsel, the request for travel permission could be granted with protective conditions.

                            Conclusion: The petitioner was entitled to travel to Canada and stay there for six months, subject to furnishing surety and bank guarantee and complying with the conditions imposed.

                            Final Conclusion: Permission to travel abroad was granted with safeguards to secure the petitioner's presence and participation in the proceedings.

                            Ratio Decidendi: Where the proceedings are already stayed, the accused has complied with prior travel conditions, and no prima facie material shows a risk of absconding, travel abroad may be permitted subject to conditions securing attendance.


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                            ActsIncome Tax
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