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TMI Blog2022 (5) TMI 1167X X X X Extracts X X X X X X X X Extracts X X X X ..... was taken on file on a complaint preferred by the first respondent alleging offence under Section 3 read with 4 of the Act. The first respondent had registered an ECIR on 19.08.2014 on the basis of the predicate offence in C.C. No. 218/2015 pending before the Chief Judicial Magistrate's Court, Ernakulam where offence under Section 420 read with 120B of the Indian Penal Code is alleged against the petitioner and others. Petitioner has a passport. When he was granted bail, the passport was directed to be surrendered which was later returned to him. While so, he had moved an application before the Special Court seeking permission to renew the passport for a period of three years. After evaluating the situation, by Annexure A1 order dated 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had received summons from the first respondent. Responding the same, necessary documents were produced before the first respondent by the authorised agent of the petitioner; he had produced documents; the statement of the authorised agent was also recorded and still the objection in renewing his passport is not justifiable. According to the learned counsel, Annexure A9 order is violative of the parameters laid down by this Court as well as the Apex Court in the matter of issuing/renewing passport to an offender. Petitioner has business interests both inside and outside the country and for protecting his interests, he has to undertake journey abroad for which passport is required to be renewed. Pursuant to Annexure A1 order, he had undertake ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions involving large quantum of money is under the investigation of the first respondent. In order to complete the investigation, the petitioner has to be interrogated in person. The fact that the Chief Judicial Magistrate, in the charge sheet laid by the CBI has granted him permission to renew the passport for two years cannot guide the present proceedings. For collecting further evidence in the matter, the statement of the petitioner has to be recorded and he is evading the same under different pretexts. 5. Before going into the rival contentions, it is appropriate to set out the undisputed facts first. Petitioner is the prime accused in ECAR/04/KCZO/2014 registered by the first respondent against the petitioner and others. It is the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his permanent place of residence is at Coimbatore, his wife and children are there, he has numerous business establishments and commercials complexes deriving rent within the country, he is a regular income tax payee, substantial amounts are being paid towards tax, he will not stay abroad permanently, his intention is to visit foreign countries temporarily for his business purposes and that was how he sought renewal of the passport for five years in his application dated 10.08.2021. 6. He had moved a similar application before the Chief Judicial Magistrate Court also, from where, as stated earlier, his passport was allowed to be renewed for a period of two years. However, the learned Special Judge by Annexure A9 order, after weighing with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t according to him, he has promptly responded the same; there is no wilful default on his part in absenting from appearing before the Investigating Officer. On the account of medical complications, age and movement restrictions and other infirmities prevented him from appearing before the Investigating Officer. However, he has taken prompt steps for producing all the documents sought for as per the summons and authorised his Accountant Mr. J. Arockia Rajadurai to appear and produce documents. The Enforcement Directorate accommodated the request when the authorised representative appeared on 24.08.2021 and his statement was also recorded. 8. All the same, the copy of summonses produced by the petitioner indicate that summonses issued under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is underway. Even there, the court has reckoned the criminal antecedents and past conduct of the accused as one of the parameters. Here, it may be true that the petitioner has complied with stipulations imposed by the Special Court when his passport was allowed to be renewed earlier. But on his own showing, he has large business interests abroad. It is a matter for the Investigating agency to ascertain whether any part of the proceeds of the crime is parked abroad. Therefore, any further request for renewal of the passport can be considered only after the petitioner making himself available for the interrogation by the Investigating agency. 10. Here a further investigation is underway. Therefore, presumption under Section 23 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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