CHAITYA SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has approached this Court for various reliefs. The main relief claimed by the Petitioner is for quashing and setting aside of the Look-Out Circular (for short, 'LOC ') issued against him. There are other consequential prayers made in the Petition.

(2.) The Respondent No.1 is the Union of India, the Respondent No.2 is the Bureau of Immigration, Ministry of Home Affairs, Government of India, the Respondent No.3 is the Serious Fraud Investigation Office and the Respondent No.4 is the State of Maharashtra.

(3.) The case of the Petitioner is that he is a Non-Resident Indian citizen holding Indian Passport which was valid till 2nd May 2028. The Petitioner is a resident of Hongkong where he was residing with his wife and two daughters for the past nine years. He is the Managing Director of Chaitya Private Limited, which is a Company incorporated in Hongkong and which deals in the trade of diamonds and other precious stones. The Petitioner and his family were scheduled to travel from New Delhi to Hongkong on 10th September 2020 from New Delhi - Indira Gandhi International Airport. While the Petitioner was in the process of boarding the flight, he was denied permission to go past the immigration check. The Immigration Officer put a stamp "cancelled without prejudice " on the passport of the Petitioner and did not permit him to travel. The Petitioner was detained at the Airport. On the next day i.e. on 11th September 2020 he was served with a summons issued from the office of the Respondent No.3 directing him to appear in person in their Mumbai Zonal Office on 11th September 2020 i.e. on the same day on which the summons was served upon him. The Petitioner was prevented from travelling abroad because LOC was issued against him by the Respondent No.3.