DHRUV TEWARI Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) By this petition, the petitioner seeks a writ of mandamus directing the Directorate of Enforcement to withdraw the Look Out Circular (LOC) issued against the petitioner in ECIR No. 02/DLZO/2016.

(2.) Learned counsel for the petitioner contends that in the seven RCs registered by the CBI against the petitioner's grandfather, late father and late uncle on the allegations of commission of offences under the IPC and Prevention of Corruption Act, 1988 in the year 2012-2013, the petitioner was not made an accused, since admittedly at the time of alleged offence i.e. from the year 2005 to 2011, the petitioner was a minor being 8 to 14 years old and was not involved in the family business. In the ECIR recorded by the Enforcement Directorate against the petitioner's relatives including his grandmother, the petitioner was never arrayed as an accused nor any complaint has been filed against him. Even in the second ECIR recorded in the year 2016 against the petitioner's relatives, the petitioner was neither named as an accused nor complaint filed against him. Petitioner pursued his Bachelors in Mechanical Engineering from Purdue University, Indiana, USA from April 2016 to February 2021. Petitioner's father expired on 25/10/2019. On 23/2/2021 upon his return to India, petitioner was detained at the airport for three hours on account of the LOC opened against him in the second ECIR. Petitioner was asked to join investigation on 24/2/2021 and since that date no summons have been issued to the petitioner. Petitioner thus seeks quashing of LOC in terms of the decision of this Court reported as ILR 2010 VI DELHI 706 Sumer Singh Salkan Vs. Assistant Director and Ors.

(3.) Learned counsel for the petitioner further contends that vide Provisional Attachment Order No. 2/2020 respondent has attached four bank 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 dtd. 21/9/2020 and 23/9/2021. Respondent further identified assets in the form of a PPF account and equity holdings held by M/s ADA Family Trust and Dhruv Family Private Trust which were also provisionally attached, which order has also been confirmed by the adjudicating authority vide the order dtd. 25/9/2020. 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.