MOHD KASHIF Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petition has been preferred on behalf of the petitioner under Article 226 of The Constitution of India read with Sec. 482 Cr.P.C. for issuance of appropriate writ, order or direction for quashing the Look Out Circular issued against petitioner and permitting the petitioner to go abroad by setting aside the order dtd. 17/8/2022 passed by learned CMM, New Delhi.

(2.) Learned counsel for the petitioner submits that the petitioner became aware of the LOC issued against him after he had moved an application for permission to go abroad before learned CMM, which was rejected on 17/8/2022. It is urged that the LOC appears to have been wrongly opened since the investigation in the case of the petitioner is already over and he is no more required for the purpose of any investigation. It is also pointed out that the petitioner is required to return to Dubai, failing which he will lose his job and his NRI VISA is liable to be cancelled. A period of six months after his arrival in India on 29/4/2022 is stated to be expiring on 29/10/2022. The opening of the LOC is also challenged relying upon the observations in Writ Petition (Crl.) 1315/2008 'Sumer Singh Salkan vs. Asstt. Director and Ors.' decided on 11/8/2010 by Delhi High Court that the LOC could be issued only against an accused who is deliberately evading his arrest or is not appearing before the learned Trial Court despite NBWs issued against him in cognizable offences under IPC or other penal laws. It is further urged that the petitioner did not receive any reply from Respondent no. 2 and from the Chief Commissioner of Customs to his application dtd. 22/8/2022 for closing of the LOC which were sent by speed post.

(3.) In the counter affidavit filed on behalf of Respondent no. 2, Additional Commissioner of Customs, it is submitted that the case of smuggling of 7.790 kgs Gold through baggage was booked at IGI Airport by the Customs Department. During the investigation, it appeared that the petitioner had smuggled 6 kgs Gold in the past, aided and assisted by two pax namely Syed Salman and Shazeb. The petitioner did not join the investigation in spite of repeated summons issued against him on 12/7/2021, 20/7/2021, 28/7/2021 and 23/12/2021. Thereafter, let with no option, the Deputy Commissioner (Immigration) was requested to open Look Out Circular (LOC) against the petitioner by the competent authority after due diligence and consideration. Accordingly, the Bureau of Immigration, vide letter dtd. 14/10/2021 informed that LOC against the petitioner has been opened. Further, on completion of investigation, a show-cause notice dtd. 16/2/2022 was issued to the petitioner to show-cause as to why: