New Delhi, Oct 13 A Delhi court has rescinded a look-out circular (LOC) issued against an accused in a Rs 247-crore fraud case involving the Punjab National Bank (PNB) registered by the CBI, saying the seriousness of an allegation cannot be the sole determinant for a circular’s continued operation.
An LOC is an administrative alert used by law-enforcement agencies in India to monitor or restrict the travel of an individual at international borders.
Special Judge Dinesh Kumar of the Rouse Avenue Courts was hearing a plea by accused Akash Gupta, saying he was stopped at the Bengaluru airport immigration counter while he was leaving for Australia to secure admission for his son to an educational institution, and learnt for the first time that there was an LOC against him.
The plea sought the circular’s cancellation, saying the court had earlier allowed Gupta to travel abroad, following which he had complied with all conditions and returned on time, and besides, he had cooperated with the investigation throughout.
In an order dated October 7, the court noted that the agency had filed its final report in the case and that Gupta was not arrested during the probe.
“Therefore, the investigating agency is under an obligation to explain why his continued restriction on foreign travel is now necessary,” the court said.
It said Gupta’s return to India despite having an opportunity to remain abroad after the court’s earlier permission supports his contention that he has not attempted to evade the process of law.
“Liberty of the applicant should not be curtailed only on the basis of a bald assumption of the investigating agency,” the court said, adding, “The intention of a person accused of a grave economic offence to travel abroad cannot necessarily be considered to be an intention to abscond.”
It said though economic offences involving the diversion or siphoning of substantial bank funds are serious matters, the seriousness of an allegation and the likelihood of an accused absconding are two different considerations.
“Undoubtedly, the allegations against the applicant are serious and concern an alleged diversion and siphoning of substantial bank funds. However, the seriousness of the allegations, by itself, cannot be the sole determinant for the continued operation of an LOC,” the court said.
It said the Central Bureau of Investigation’s (CBI) concerns could be addressed through enforceable travel and appearance conditions.
“I am of the considered opinion that the application is required to be allowed and the LOC of the applicant is required to be rescinded subject to suitable conditions,” the judge said.
He directed Gupta to file an affidavit undertaking to cooperate with any further investigation, give the agency his complete travel itinerary, including flight and contact details abroad, at least seven days before any foreign trip and share a copy of his passport and current address, mobile number and email, and keep the agency updated on any change.
The judge directed that Gupta must return to India within the period stated in his itinerary and appear before the trial court as directed, and not seek adjournments on the ground of foreign travel.
The CBI has been directed to inform the Bureau of Immigration of the rescission and ensure that the LOC is deleted from its records.
The court clarified that if Gupta violates any condition, or fresh material emerges showing a genuine likelihood of his evading the legal process, the federal agency is free to seek a fresh LOC from the competent authority.
(PTI News)
