Case Law Details
Mandhir Singh Todd Vs Directorate of Enforcement (Delhi High Court)
Conclusion: Assessee was denied travel permission as it was a case related to arrest under the Prevention of Money Laundering Act, 2002 (PMLA Act) on 115 crores money laundering Case and assessee was seeking permission to travel abroad was allegedly to undergo, “Prophylactic Laser Retinopexy which was widely available in India, therefore, there was no ground to consider the prayer for travel abroad of assessee.
Held: Assessee was aggrieved of the impugned order passed by the Trial Court whereby the application for setting aside the look-out circular (LOC) issued at the behest of the complainant department and seeking permission to travel abroad for receiving treatment for his rare medical condition affecting his vision was declined predominantly on the ground that assessee failed to set up any case to set aside the LOC. Trial Court also took note of the fact that assessee tried to flee away from the country soon after the registration of the FIR and because of that reason LOC was requested to be opened by the E.D. so that assessee could be apprehended in case he tried to flee away. Assessee was a British citizen of Indian origin and had been residing in India since 2008. Assessee was a director in M/S Zenica Cars India Pvt. Ltd and M/S Zenica Performance Cars Pvt Ltd. The accused acting on behalf of the company approached the HDFC bank to seek various credit facilities and as per the banking procedures, the credit facilities were extended by the bank on the basis of various financial and other documents and information provided by the accused acting on behalf of the company and in order to secure the credit facilities a Deed of Hypothecation was executed. Subsequently, it was informed to the bank that the company had been suffering huge losses for the last 4 financial years and had been forging the documents to obtain credit facilities. During a comprehensive stock audit conducted by the bank, it was discovered that the various documents which were submitted by assessee were forged and in order to obtain the same, assessee had misrepresented their outstanding balance with J & K Bank, leading to a huge difference between the due amount shown of Rs. 11,64,48,702/- and the actual amount owed was Rs. 49,51,50,702/-. As per the investigation, assessee had indulged in the offences under PMLA, 2002, acquiring the proceeds of crime amounting to 115 crores in the form of a loan from HDFC bank in favour of his company’s operations. The ground on which assessee was seeking permission to travel abroad was allegedly to undergo, “Prophylactic Laser Retinopexy”. It was a matter of the record that this treatment was widely available in India. E.D. had contended that treatment was available in India and permission should not be granted to assessee to travel abroad. It was held that taking into account that the facts were serious in nature and the medical treatment was available in India, the order of the Trial Court was well reasoned, there was no ground to consider the prayer for travel abroad of assessee. It was also a settled proposition that the power under Section 482 Cr. PC was to be exercised wherein such power could only be used to prevent the miscarriage of justice or abuse of the process of law. The Trial Court has dealt with the matter in accordance with the law.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The present petition has been filed under Section 482 Cr. PC with the following prayers:
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