TaxTMI 
TaxTMI 
2024 (5) TMI 673
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....nable forthwith, with the consent of the parties and is taken up for final disposal. Mr. Shirsat, waives notice on behalf of the respondent No. 1. Learned A.P.P waives notice on behalf of the respondent No. 2-State. 3. By this petition, the petitioner seeks quashing and setting aside of the Look Out Circular ('LOC') issued at the behest of the respondent No. 1-Enforcement Directorate ('ED'). 4. Learned counsel for the petitioner submits that the petitioner has not been arraigned as an accused in the Prevention of Money Laundering Act ('PMLA') case, which was registered by the respondent No. 1-ED in August 2019. He submits that the petitioner after completion of his education and after completing Chartered Accountancy in 1995 went to B....
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....ed with the return ticket between Sharjah (UAE) and Varanasi. He submits that when the petitioner arrived on 14th November 2020, the ED officer detained and enquired with the petitioner and released him for undergoing the quarantine period and for solemnizing his daughter's wedding. Learned counsel further submits that thereafter, the ED issued summons to the petitioner asking him to appear before the authorities on 10th December 2020, pursuant to which the petitioner appeared before the respondent No. 1-ED on seven occasions commencing from 22nd December 2020. He submits that the petitioner's passport was impounded by the ED apprehending that the petitioner may escape during enquiry, however, the same was subsequently returned to t....
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.... guidelines issued by the Ministry of Home Affairs ('MHA'). Infact, according to Mr. Shirsat, till date, no material is found against the petitioner. He also does not dispute the fact, that the petitioner is not an accused and nor has the ED collected any material till date, to show the petitioner's complicity in the PMLA case registered by them in August 2019. According to Mr. Shirsat, the petitioner is not cooperating with the investigation. 7. Perused the petition. It appears that the petitioner after completing his education moved to Bahrain and has been working in Bahrain, since then. It also appears that the petitioner was issued summons by the respondent No. 1-ED, pursuant to which, he replied to the said summons, however, he ....
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....en placed on record before us, to show that the LOC has been continued, considering that as per the guidelines issued by the MHA, the LOC is to be renewed quarterly or atleast yearly. 9. Considering the aforesaid, the petition is allowed on the following terms and conditions:- ORDER (i) The impugned LOC issued as against the petitioner on 17th January 2020 by the respondent No. 1-ED, is quashed and set aside; (ii) The petitioner to abide by his undertaking given to this Court dated 4th April 2024; (iii) The petitioner be given minimum seven days notice to appear before the respondent No. 1-ED as and when summoned. (iv) The petitioner to also inform the address, contact numbers and other details wher....