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TMI Blog2019 (5) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... others, vide the FIR No.5 dated 18.11.2016. As per the said FIR, the activities of Dr.Zakir Naik and his associates are prejudicial to the maintenance of harmony among various communities and likely to disturb the public tranquility. The FIR also revealed existence of scheduled offences under Part A of the PMLA and ECIR/MBZO/13/2016 dated 21.12.2016 has been recorded by the Zonal Office, Mumbai of the Directorate of Enforcement. As the offence of money laundering is cognizable and a non-bailable offence and the petitioner has been listed as one of the suspected persons, the investigation has been initiated. As the Look Out Circular itself seems to have been issued only based on the FIR registered under the PMLA and the Unlawful Activitie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stice Pushpa Sathyanarayana For the Petitioner : Mr.P.S.Bharath Raman, Senior Counsel for Mr.C.Seethapathy For the Respondents : Mr.B.Sudhir Kumar, Central Govt. Standing Counsel, Mr.N.Ramesh, Special Public Prosecutor ORDER The Directorate of Enforcement, Department of Revenue is an investigating agency of the Government of India and is entrusted with the power to investigate and enforce the provisions of the Prevention of Money Laundering Act, 2002 (in short PMLA ). 2. The Act provides for attachment of properties derived or obtained from the proceeds of a crime, for completion of investigation and prosecution of persons for committing the offence under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Harmony Media Private Limited was examined and her statement was also recorded under section 50(2) and (3) of PMLA, wherein, she has stated that she became Director at the behest of her brother Dr.Zakir Naik. Since both the Directors of M/s.Global Broadcasting Corporation were not available in India, they remained to be examined. 5. While so, based on reliable information received that the petitioner has arrived from Dubai and is available in India, a Look Out Circular was issued against him to ensure his presence for carrying out further investigation in the matter. It is also stated that the petitioner was detained by the Immigration Authorities at Delhi Airport, while he was trying to board a flight to Nepal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded the office of the second respondent for more than 7 occasions, the last of it being on 28.03.2018. It is also stated that the petitioner had visited the second respondent office 14 times. The passport and the mobile phone taken away from the petitioner were returned to him and what remains now for consideration is the Look Out Circular issued by second respondent against the petitioner in connection with ECIR/MBZO/13/2016. 8. The learned counsel appearing for the petitioner argued that a request for issuance for Look Out Circular had to come from either the Central Government or the State Government and that too only in the prescribed form signed by the officer of certain rank. In this case, the look out circular is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffences under IPC or other penal laws. The details in column IV in the enclosed proforma or regarding reason for opening LOC's must invariably be provided without which the subject of the look out circular will not be arrested/detained, 12. From the perusal of the above Circular, it is clear that it mandates that the request for issuance of Look Out Circular has to contain reasons for such request, which is the condition precedent for issuance of an LOC. 13. In paragraph 11 of the counter affidavit, it is stated that there was a possibility of the petitioner fleeing from India, and hence, as a precautionary measure, a Look Out Circular was issued against him so as to ensure his presence for carrying out fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, the petitioner cannot challenge the legality or validity of the Look Out Circular. Admittedly, his passport and mobile phone were returned to him and what remains to be decided is the validity of Look Out Circular in terms of the length of time. 16. It is true that a Look Out Circular is a coercive measure to make a person surrender and consequentlialy interferes with the right of personal liberty and free movement. However, in this case the investigation is not yet over as the authorities are trying to extract the required details for their investigation. Therefore, in the present case it cannot be stated that the Look Out Circular was issued without statutory sanction or that the respondents did not have jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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