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2024 (5) TMI 673

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..... come to India due to Covid-19 pandemic. It is also not in dispute that subsequently, in November 2020 the petitioner came to India and that he had informed the ED office of his return to India. It is also not in dispute that the petitioner appeared before the respondent No. 1-ED on seven occasions commencing from 22nd December 2020. The petitioner was last summoned by the ED on 21st February 2023. It appears that thereafter, the petitioner has not been summoned by the respondent No. 1-ED. It is well settled that a person cannot be detained merely because he is not cooperating. Non-cooperation also can be a result of a person not having any information with respect to the case in question and as such there is no merit in the said submission. .....

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..... arraigned as an accused in the Prevention of Money Laundering Act ( PMLA ) case, which was registered by the respondent No. 1-ED in August 2019. He submits that the petitioner after completion of his education and after completing Chartered Accountancy in 1995 went to Bahrain in 1996 and since 1996 has worked in several companies in the Gulf till 2020. He submits that the petitioner had joined Imperial Suites Hotel as a Group Financial Controller on 14th August 2012 and that he was not aware as to who were the owners of the said Imperial Suites Hotel, at the time of joining the said Hotel. He submits that the petitioner's nature of job was of supervision and working for the Hotel i.e. group of companies of Imperial Suites Hotel. He subm .....

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..... ed before the respondent No. 1-ED on seven occasions commencing from 22nd December 2020. He submits that the petitioner's passport was impounded by the ED apprehending that the petitioner may escape during enquiry, however, the same was subsequently returned to the petitioner. He submits that the petitioner's mobile which was seized was also released by the ED. According to the learned counsel for the petitioner, the petitioner had worked throughout in Bahrain and Dubai (UAE) and has no source of income, since, he has arrived in India in November 2020 and presently due to his long stay in India, the petitioner has even lost his job and would now be required to find a new job. 5. Learned counsel for the petitioner has also tendered a .....

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..... hat the petitioner after completing his education moved to Bahrain and has been working in Bahrain, since then. It also appears that the petitioner was issued summons by the respondent No. 1-ED, pursuant to which, he replied to the said summons, however, he could not come to India due to Covid-19 pandemic. It is also not in dispute that subsequently, in November 2020 the petitioner came to India and that he had informed the ED office of his return to India. It is also not in dispute that the petitioner appeared before the respondent No. 1-ED on seven occasions commencing from 22nd December 2020. The petitioner was last summoned by the ED on 21st February 2023. It appears that thereafter, the petitioner has not been summoned by the responden .....

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..... l 2024; (iii) The petitioner be given minimum seven days notice to appear before the respondent No. 1-ED as and when summoned. (iv) The petitioner to also inform the address, contact numbers and other details where he would stay to the respondent-ED, forthwith and in any event within two weeks of his going abroad; (v) Change of residence/telephone numbers be informed to the respondent No. 1-ED, by the petitioner, from time to time; (vi) The petitioner shall not contact the accused in the said case either telephonically or otherwise; (vii) Needless to state, that it is always open for the respondent No. 1-ED to issue a fresh LOC, if the occasion so arises in future. 10. The Petition is allowed in the aforesaid terms and is accordingly dispos .....

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