MRITUNJAY SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The grievance of the writ petitioner is that despite the writ petitioner being a sailor in merchant vessel and having a contract for 4 (+/-1) months from February 12, 2020 to board a merchant vessel, which contract is annexed at page 29 of the instant writ petition. The petitioner was prevented by the immigration authorities when he sought to leave India on the ground of a Look Out Circular (LOC) having been issued against the petitioner. Although the petitioner has no direct knowledge about the LOC, the petitioner has learnt that the same was issued on the request of the respondent no. 3 Bank.

(2.) Learned Counsel for the petitioner submits that there was a criminal case registered by the CBI against the petitioner, as a director of a company against which there were certain allegations of default of a loan given by the respondent no. 3 Bank. The investigation of the CBI in such matter ended in a charge sheet being filed, wherein the present petitioner was discharged on the finding that the present petitioner was not liable for the said default. Upon the said order being passed on the basis of the acceptance of the charge sheet, the CBI challenged the same in revision; however, the revision was itself rejected, thereby affirming the order of discharge of the petitioner.

(3.) That apart, it is submitted, a case under the Prevention of Money Laundering Act was initiated, in connection with which the adjudicating authority passed an order of attachment of an account of the petitioner to the extent of Rs. 50 lakh. The petitioner having challenged such order before the Division Bench of this Court, the Division Bench disposed of the appeal by granting the petitioner the liberty to open a separate salary account for the purpose of getting his livelihood.