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Person accused in ED case permitted to travel abroad for medical treatment

Case Law Details

TaxGuru Citation
2025 taxguru.in 6992
Case Name
R.V.Ashok Kumar Vs Deputy Director (Madras High Court)
Date of Judgement/Order
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R.V.Ashok Kumar Vs Deputy Director (Madras High Court)

Madras High Court held that Look Out Circular [LOC] of person accused in Enforcement Directorate [ED] case is kept in abeyance for specific period and the accused in permitted to travel abroad for undergoing medical treatment.

Facts- The petitioner has invoked the jurisdiction of this court under Section 528 of the BNSS challenging the order passed by the learned Principal Sessions Judge, Chennai. Alleging that he has been suffering from Cardiovascular issues and undergoing treatment from 2021 onwards, the petitioner filed Crl.M.P.No.3 of 2025 seeking permission to travel abroad to take medical treatment. He pleaded that, considering his age, he requires advanced cardiac treatment to increase his longevity and that this treatment is available only in the United States of America. He added that in case he takes the said treatment, it will regularise the blood flow to his heart. Due to the progression of his coronary artery disease, the petitioner’s health has been significantly impacted. The reason for seeking permission of the court is on account of the fact that the respondent had issued a Look Out Circular thereby preventing the petitioner from travelling abroad. He gave a representation to the respondent on 02.06.2025 and sought for permission. As the same had not been considered positively and since in terms of Section 6(2)(f) of the Passports Act, a permission is necessary, he filed the said petition.

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