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2022 (7) TMI 141
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....s old and was not involved in the family business. In the ECIR recorded by the Enforcement Directorate against the petitioner's relatives including his grandmother, the petitioner was never arrayed as an accused nor any complaint has been filed against him. Even in the second ECIR recorded in the year 2016 against the petitioner's relatives, the petitioner was neither named as an accused nor complaint filed against him. Petitioner pursued his Bachelors in Mechanical Engineering from Purdue University, Indiana, USA from April 2016 to February 2021. Petitioner's father expired on 25th October, 2019. On 23rd February, 2021 upon his return to India, petitioner was detained at the airport for three hours on account of the LOC opened against him in the second ECIR. Petitioner was asked to join investigation on 24th February, 2021 and since that date no summons have been issued to the petitioner. Petitioner thus seeks quashing of LOC in terms of the decision of this Court reported as ILR (2010) VI DELHI 706 Sumer Singh Salkan Vs. Assistant Director & Ors. 3. Learned counsel for the petitioner further contends that vide Provisional Attachment Order No. 2/2020 respondent has attached four ....
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.... family trust. During the course of investigation huge amounts were found to be diverted abroad by the accused and a Letter Rogatory has been sent by the investigating agency in this regard to United Kingdom, reply whereof is still awaited. It is claimed that the petitioner has no independent source of income and is totally dependent on his parents for his life style. The late father of the petitioner Anand Tewari invested the proceeds of the crime in a maze of transactions and also opened a trust, namely, "Dhruv Family Trust'. Thus the properties existing in the name of petitioner are proceeds of crime. It is stated that the petitioner was noncooperative and thus LOC was opened to secure the presence of petitioner for investigation. Further investigation to trace the remaining proceeds of crime and to ascertain the involvement of other persons in violation of the provisions of PMLA is in progress. LOC was modified vide order dated 15th November, 2021 to the extent that the petitioner may be allowed to travel abroad and come back to India under intimation to the office and no restriction has been put on the movement (departure/ arrival) of the petitioner. 5. When this writ petitio....
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....on is taken. The respondent No.2/FRRO thus placed on record a status report in a sealed cover. As per the status report on 30th April, 2019 a reference was received from the respondent No.1 with the action "detained and informed originator". This LOC action was modified on the request of respondent No.1 vide its letter dated 15th November, 2021 with the action "allow the subject to go abroad and come back to India under intimation of this office". Based on this modification the contention of respondent No.1 is that the LOC of the petitioner have been modified from a detentive LOC to an intimative LOC. It is further stated that the request dated 15th November, 2021 has been further modified by the communication dated 11th February, 2022 requesting, "subject should not be stopped at the airport at the time of his departure and arrival, Discrete information about his departure and arrival may be shared with the department". Thus, pursuant to the modification sought by communication dated 11th February, 2022 the petitioner now faces an intimative LOC. 8. This Court vide the judgment dated 11th August, 2010 in W.P.(CRL) 1315/2008 Sumer Singh Salkan Vs. Assistant Director & Ors. and Crl....
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.... of Indian citizens and foreigners, copy whereof has been filed by the petitioner, wherein para 8 it noted as under: "8. In accordance with the order dated 26.7.2010 of the High Court of Delhi, the matter has been discussed with the concerned agencies and the following guidelines are hereby laid down regarding issuance of LOCs in respect of Indian citizens and foreigners: a) The request for opening an LOC would be made by the originating agency to Deputy Director, Bureau of Immigration (BoI), East Block-VIII, R.K. Puram, New Delhi - 66 (Telefax: 011-2619244) in the Proforma enclosed. b) The request for opening of LOC must invariably be issued with the approval of an officer not below the rank of i. Deputy Secretary to the Government of India; or ii. Joint Secretary in the State Government; or iii. District Magistrate of the District concerned; or iv. superintendent of Police (SP) of the District concerned; or v. SP in CBI or an officer of equivalent level working in CBI; or vi. Zonal Director in Narcotics Control Bureau (NCB) or an officer of equivalent level (including Assistant Director (Ops.) in Headquarters of NCB); or vii. Deputy commissioner or an office....
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....hat they be informed about the arrival/ departure of the subject in such cases. i) The LOC will be valid for a period of one year from the date of issue and name of the subject shall be automatically removed from the LOC thereafter unless the concerned agency requests for its renewal within a period of one year. With effect from 1.1.2011, all LOCs with more than one year validity shall be deemed to have lapsed unless the agencies concerned specifically request BoI for continuation of the names in the LOC. However, this provision for automatic deletion after one year shall not be applicable in following cases: a. Ban-entry LOCs issued for watching arrival of wanted persons (which have a specific duration); b. loss of passport LOCs (which ordinarily continue till the validity of the document); c. LOCs regarding impounding of passports; d. LOCs issued at behest of Courts and Interpol j) In exceptional cases, LOCs can be issued without complete parameters and/ or case details against CI suspects, terrorists, anti-national elements, etc in larger national interest. k) The following procedure will be adopted in case statutory bodies like the NCW, the NHRC and the National C....