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TMI Blog2022 (7) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... in the person on the pretext that intimation of his arrival or departure is required to be given to the originating agency which would indirectly serve as a detentive/ preventive LOC. It is well settled that what cannot be done directly, cannot be done indirectly. In the present case the petitioner was not an accused either in the predicate offence nor the 2 ECIRs as he was admittedly a minor at the time of commission of the transactions purportedly resulting in the alleged offences under IPC, PC Act or even under PMLA. Thus, a preventive/ detentive LOC leading to the detention of the petitioner was clearly unwarranted. It is only when the petitioner filed the present writ petition that this preventive/ detentive LOC was converted into an intimative LOC. Since the respondent no.1 has already taken remedial action, no further directions are required to be passed in this petition. Needless to note that in the garb of LOC of intimation, the petitioner will not be detained or prevented at the airport or any other port on the pretext that first intimation has to be given to the originating agency. The writ petition and application are disposed off with the hope and expectations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ank accounts, five mutual funds, one insurance policy and the Dhruv Family Private Trust Bank Account which are held in the name of the petitioner. The said Provisional Attachment Order has been confirmed by the adjudicating authority vide orders dated 21st September, 2020 and 23rd September, 2021. Respondent further identified assets in the form of a PPF account and equity holdings held by M/s ADA Family Trust Dhruv Family Private Trust which were also provisionally attached, which order has also been confirmed by the adjudicating authority vide the order dated 25th September, 2020. Thus all the assets in the name of petitioner and allegedly connected with the proceeds of the crime generated from the commission of the predicate offences stand attached by the respondent. Learned counsel for the petitioner further contends that knowing fully well that the petitioner was a minor at the time of alleged commission of offence between the year 2005 to 2011 the respondent insists on continuing with the LOC against the petitioner, which is illegal and arbitrary. 4. In response to the petition, a status report was filed by the respondent stating that seven FIRs were registered by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition came up before this Court on 12th November, 2021, learned counsel appearing on behalf of the respondent informed that he has instructions to state that the LOC against the petitioner is in the process of being withdrawn and a necessary status report in this regard will be filed. On 17th November, 2021, the adjourned date, though no status report was filed, copy of the letter dated 15th November, 2021 duly signed by the Deputy Director Delhi Zonal Office-1, Directorate of Enforcement addressed to the Assistant Director, SIC Branch, FRRO, R.K. Puram, New Delhi was e-mailed to this Court. As per the said letter, office of the respondent is conducting investigation against M/s. Pixion Media Pvt. Ltd. Ors. in regard to the commission of offence under the provisions of Money Laundering Act, 2002 (in short PMLA Act) and during the course of investigation a Look Out Circular was opened in the name of Dhruv Tewari S/o late Anand Tewari with passport No. T5199110. In the letter a request has been made to the Assistant Director, SIC Branch, FRRO to modify the LOC of the petitioner to the extent that petitioner may be allowed to go abroad and come back to India under intimation to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ors. and Crl. Ref. 1/2016 - Court on its own motion Re: State Vs. Gurnek Singh etc., noted the four questions raised by the Trial Court on the LOC raised in the reference as under: a) What are the categories of cases in which the investigating agency can seek recourse of Look-out-Circular and under what circumstances? b) What procedure is required to be followed by the investigating agency before opening a Look-out-Circular? c) What is the remedy available to the person against whom such Look-our-Circular has been opened? d) What is the role of the concerned Court when such a case is brought before it and under what circumstances the subordinate Courts can intervene? 9. Answering the reference in relation to the questions noted above, vide the judgment dated 11th August, 2010 it was held: a) Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest. b) The Investigating Officer shall make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .) in Headquarters of NCB); or vii. Deputy commissioner or an officer of equivalent level in the Directorate of Revenue Intelligence or Central Board of Direct Taxes or Central Board of Excise and Customs; or viii. Assistant Director of IB/BoI; or ix. Deputy Secretary of R AW, or x. An officer not below the level of Superintendent of Police in National Investigation Agency; or xi. Assistant Director of Enforcement Directorate; or xii. Protector of Emigrants in the office of the Protectorate of Emigrants or an officer not below the rank of Deputy Secretary of the Government of India; or xiii. Designated officer of Interpol Further, LOCs can also be issued as per directions of any Criminal Court in India. c) The name and designation of the officer signing the Proforma for requesting issuance of an LOC must invariably be mentioned without which the request for issuance of LOC would not be entertained. d) The contact details of the originator must be provided in column VI of the enclosed Proforma. The contact telephone/ mobile number of the respective control room should also be mentioned to ensure proper communication for effective follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st. k) The following procedure will be adopted in case statutory bodies like the NCW, the NHRC and the National Commission for Protection of Children s Rights request for preventing an Indian/ foreigner from leaving India. Such requests along with full necessary facts are first to be brought to the notice of law enforcement agencies like the police. The S.P. concerned will then make the request for issuance of an LOC upon an assessment of the situation, and strictly in terms of the procedure outlined for the purpose. The immigration/ emigration authorities will strictly go by the communication received from the officers authorized to open LOCs as detailed in the para 8(b) above. 11. From clause (h) of para 8 of the O.M. dated 27th October, 2010, it is evident that unless a citizen is suspected to be involved in the commission or facing investigation or trial on the accusation of offences which are cognizable under the Indian Penal Code or other Statutes, the citizen can neither be detained, arrested or prevented from leaving the country and the originating agency can only seek intimation of his arrival and/or departure. Further in LOC of intimation the authorities at the ..... 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