9911796707
TMI Blog2017 (10) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... e officers of the Enforcement Directorate. Admittedly, the petitioner had joined the investigations and had appeared before the concerned officers as required by them. Notwithstanding the same, a request for LOC was issued and the petitioner was not even informed of such LOC. Notwithstanding the legality or validity of the LOC, the petitioner would have taken that into account before making his travel plans. The petitioner became aware of the LOC at 11.00 PM on 22.08.2017, when he was about to board a flight. Thus, insofar as the LOC issued is concerned, the same is wholly unsustainable. Accordingly, the LOC issued against the petitioner is set aside. However, considering that the Enforcement Directorate is continuing with the invest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itiated by the Income Tax Authorities under the Income Tax Act, 1961. 5. The petitioner was also issued summons, which this Court was informed was duly complied with and the petitioner has been cooperating with the investigation being conducted by the Enforcement Directorate. 6. Notwithstanding that the petitioner had been appearing before the respondent, a request for a LOC was issued by the Enforcement Directorate on 10.8.2017. Curiously, the proforma of the LOC does not mention any offence or any pending case; the spaces in the proforma for the request for issuance of the LOC, which are required to be filled with such details, are blank and have been scored out completely. Nonetheless, the respondents have requested that the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t violation of FEMA is not one of the scheduled offences under the PMLA. This court has perused the notings on the file produced and the same indicates that at the time when the request for the LOC was issued, the officers of the Enforcement Directorate were investigating violation of FEMA and not any scheduled offence. Thus, it is also difficult to accept that at the material time the officers of the Enforcement Directorate could entertain any belief that the petitioner was guilty of any offence under the PMLA. 11. Mr Kripal, learned counsel for the petitioner has also drawn the attention of this court to the Office Memorandum (OM) dated 27.10.2010 which refers to the judgement dated 11.08.2010 passed by this court in Sumer Singh Salk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uct of the officers of the Enforcement Directorate. Admittedly, the petitioner had joined the investigations and had appeared before the concerned officers as required by them. Notwithstanding the same, a request for LOC was issued and the petitioner was not even informed of such LOC. Notwithstanding the legality or validity of the LOC, the petitioner would have taken that into account before making his travel plans. The petitioner became aware of the LOC at 11.00 PM on 22.08.2017, when he was about to board a flight. 14. Mr Mahajan, learned counsel appearing for the respondent submits that even though the investigation may have commenced for violation of FEMA, it appears that the petitioner may have also violated other laws, which fall ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
