9911796707
TMI Blog2022 (8) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... affect the economic interest of India. The e-mails of the petitioner which is reproduced in the statement of objections of the respondents reveals that petitioner is intending to take permanent Dutch residence and Dutch citizenship. Therefore, respondents are right in apprehending that petitioner may not be available for further investigation of crime registered against brother of the petitioner. The apprehension of the respondents that the petitioner being brother of Mr.Sri Krishna might have involved in acquiring the proceeds of crime at this stage is to be respected, since the investigation is still under progress - In the instant case, investigation of money laundering against brother of the petitioner is in progress and also investigation with regard to role of petitioner along with his brother in money laundering is also being investigated. Further, the apprehension of respondents that petitioner may settle down at Netherlands and he may not be available for further investigation has to be respected in view of extract of e-mails reproduced in their statement of objections. There are no merits in the petition - petition dismissed. - WRIT PETITION No.1730/2022 [GM-PASS] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the brother of the petitioner for hacking of e-procurement portal of Government of Karnataka and theft of Rs.11.55 Crores from the Government portal bank account. Further, it is submitted that the petitioner after appearing before the third respondent and having submitted his statement was to fly back to Netherlands and when the petitioner was in Bengaluru Airport, he was not allowed to fly and his passport was stamped as cancelled. The petitioner was also informed that at the instance of third respondent, the second respondent issued look out circular. Initially, the petitioner was before this Court by filing writ petition on 24.01.2022 praying to quash the cancellation affixed on his passport as well as for a writ of mandamus directing the respondents to permit the petitioner to travel. Subsequently, petitioner amended writ petition to include the prayer to quash look out circular. 4. Learned Senior Counsel for the petitioner would contend that no FIR is registered nor any crime is registered against the petitioner. Because of a case which is registered against brother of the petitioner, respondents cannot restrict the petitioner to travel to Netherlands where he is eking o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay from investigation. 7. Learned Senior Counsel placing reliance on the decision of the Division Bench of High Court of Madras reported in 2018 SCC OnLine Mad 2229 [Karti P. Chidambaram V/s. Bureau of Immigration, Ministry of Home Affairs and Others] submits that request for issuance of look out Circular by respondent No.3 would necessarily have to contain reasons for such request and unless the reasons are disclosed in the request for issuance of LOC, it would not be in compliance with requirement of law. Learned Senior Counsel would submit that in the instant case also, no reasons are forthcoming nor have respondents disclosed reasons for issuing look out circular against the petitioner. The condition precedent for issuance of LOC, such as registration of a case; absence of financial irregularity; acting against the interest of the State are absent, the impugned look out Circular is liable to be set aside. 8. Learned Additional Solicitor General Sri.M.B.Naragund referring to the statement of objections filed on behalf of the respondents submits that the presence of the petitioner is necessary for investigation to ascertain role of the petitioner in the offences of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner is making hectic efforts to settle at Netherlands, outside the territory of India. If the petitioner flees from the territory of India, it is stated that investigation itself would get hampered. As such, it is stated that look out circular was issued against the petitioner in compliance with the procedure prescribed under Official Memorandum stated above. With regard to the contention of the petitioner that action of the respondents is violative of Articles 14, 19 and 21 of Constitution of India, learned Additional Solicitor General would submit that there is no absolute right as contended by the petitioner and the same could be restricted by following the prescribed procedure. Further, it is submitted that petitioner has failed to co-operate by not providing the material as sought by the respondents. It is submitted that it is open for the petitioner to co-operate with the investigation and convince the respondents that his presence is not necessary for the investigation and seek permission to travel. Further, he submits that petitioner is not taken to custody and his right is not curtailed as contended. 10. Learned Additional Solicitor General submits that conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against Mr. Sri Krishna is that he hacked poker websites and Crypto currency exchanges, making high value transactions within and outside the country; converted certain crypto currencies into other crypto currencies and traded in international platforms; thereafter converting the same for his own illegal gains. For the purpose of investigation, summons was issued under Section 50 of PML Act to Mr. Sri Krishna and his father and other persons. It is the case of respondent No.3 that Mr. Sri Krishna in his statement has categorically admitted his involvement in hacking of crypto exchanges and poker website in India as well as overseas from the year 2013 till date. Crime No. 9/2019 was registered by the CID Police, Government of Karnataka with regard to hacking of e-Procurement Portal of Government of Karnataka and theft of Rs.11.55 Crores from the Government Portal bank account. 13. The third respondent during the course of investigation of crime against brother of the petitioner Mr.Sri Krishna, to ascertain the role of petitioner in the offense of money laundering and to find out with regard to proceeds of crime, issued summons to the petitioner under Section 50 of PML Act to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LOC against the petitioner is issued on the ground that if he is permitted to leave India, it would affect the economic interest of India. 15. The e-mails of the petitioner which is reproduced in the statement of objections of the respondents reveals that petitioner is intending to take permanent Dutch residence and Dutch citizenship. Therefore, respondents are right in apprehending that petitioner may not be available for further investigation of crime registered against brother of the petitioner. The apprehension of the respondents that the petitioner being brother of Mr.Sri Krishna might have involved in acquiring the proceeds of crime at this stage is to be respected, since the investigation is still under progress. As stated above, LOC was issued based on the Office Memorandum dated 22.02.2021 [Annexure-R1] and the said Office Memorandum is not under challenge. No right is absolute. Rights could be restricted or curtailed by following the procedure prescribed under law. Admittedly, respondent No.3 is empowered to issue LOC in terms of Office Memorandum dated 22.02.2021. The Division Bench of this Court in W.A.No.315/2021 (Dr.Bavaguthuraghuram Shetty V/s. Bureau of Immi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled to appear before the third and fourth respondent- Banks and explain the circumstances which perforced the Banks for issuing LOC was not prevailing and both the Banks are required to examine, consider and then pass an order on the said plea. Though Sri. Mukul Rohatgi has made an attempt to contend that post decisional hearing is an empty formality we are not inclined to accept the same, inasmuch as, Hon'ble Apex Court in MANEKA GANDHI's case has held that though prior opportunity at the time of impounding the passport is not required, the subsequent opportunity as to why such impounding is not required to be continued, should be considered as inherent in fair hearing 33. It would be apt and appropriate to note that Courts exercising extraordinary jurisdiction, while examining the claim of a person who is alleged to have committed an economic offence, would not treat him with kid gloves. Non pendency of any criminal case, by itself would not be a ground on which the Look Out Notice/Circular not being issued. The extant circular in the instant case would clearly indicate that if it appears to the authorities based on inputs received that departure of a per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igration, Ministry of Home Affairs) states that reasons must be recorded atleast in the request letter. The third respondent in a sealed cover has made available the request letter of the third respondent issued to second respondent and also note sheet leading to issuance of the said request letter. On going through the same, this Court is satisfied with the reasons recorded in note sheet, while requesting the second respondent to issue LOC against the petitioner. Those reasons at this stage need not be disclosed to the petitioner since investigation is under progress. 18. In the instant case, investigation of money laundering against brother of the petitioner is in progress and also investigation with regard to role of petitioner along with his brother in money laundering is also being investigated. Further, the apprehension of respondents that petitioner may settle down at Netherlands and he may not be available for further investigation has to be respected in view of extract of e-mails reproduced in their statement of objections. 19. It is for the petitioner to co-operate with investigation being conducted by the third respondent and to convince the third respondent that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
