Kerala High Court
Shijith Kozhiparambil Kunhi ... vs Union Of India, Represented By Its ... on 12 April, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.2505/2023 1 / 10 Order Date : 12-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
WP(C) NO. 2505 OF 2023
PETITIONER:
SHIJITH KOZHIPARAMBIL KUNHI VELAYUDHAN, AGED 43 YEARS S/O.KUNHI
VELAYUDHAN, KOZHIPARAMBIL HOUSE, KAIPPAMANGALAM P.O., THRISSUR
DISTRICT, PIN - 680681
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, CENTRAL SECRETARIAT, SOUTH BLOCK, NEW DELHI, PIN - 110011
2. AUTHORISED OFFICER AND DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT,
CHENNAI ZONE, 2ND& 3RD FLOOR, C-BLOCK, MURUGESA NAICKER OFFICE
COMPLEX, NO. 84, GREAMS ROAD, THOUSAND LIGHTS, CHENNAI, PIN - 600006
3. ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, CHENNAI ZONE, 2ND &
3RD FLOOR, C-BLOCK, MURUGESA NAICKER OFFICE COMPLEX, NO. 84, GREAMS
ROAD, THOUSAND LIGHTS, CHENNAI, PIN - 600006
4. PROTECTOR OF EMIGRANTS, KOCHI, OFFICE OF THE PROTECTOR OF EMIGRANTS,
KOCHI, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI, KERALA ,
PIN - 682036
5. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY
NAGAR P.O., KOCHI-682036., PIN - 682036
6. ABUREAU OF IMMIGRATION, REPRESENTED BY COMMISSIONER (IMMIGRATION),
EAST BLOCK-VIII, LEVEL-SECTOR-1, R.K PURAM, NEW DELHI, PIN - 110066
7. FOREIGNERS REGIONAL REGISTRATON OFFICER, OFFICE OF FOREIGNERS
REGIONAL REGISTRATION OFFICE, AIRLINES BUILDING, CIAL NEDUMBASSERY,
COCHIN AIRPORT P.O, KOCHI, PIN - 683111,(ADDL R6 & R7 IMPLEADED AS
PER ORDER DATED 04-04-2024 IN IA 4/24 IN WPC 2505/2023)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order return the passport bearing No. Z6990025 of the
petitioner and to lift travel restriction imposed upon the petitioner, if
any, pending disposal of the writ petition (civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
11.04.2024 and upon hearing the arguments of M/S P.HARIDAS, BIJU
HARIHARAN, SHIJIMOL M.MATHEW, P.C.SHIJIN & RISHIKESH HARIDAS, Advocates
for the petitioner, M/S KRISHNA T C, SC for R1, R4 & R5, SRI. JAISHANKAR
V.NAIR, SC, for R2 & R3, the court passed the following:
WP(C) No.2505/2023 2 / 10 Order Date : 12-04-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.2505 of 2023
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Dated this the 12th day of April, 2024
O R D E R
The petitioner, a non-resident Indian and holder of Indian Passport bearing No. Z6990025, has filed this writ petition challenging the Look out Circular issued against him by the Immigration Department at the request of respondents 2 and 3.
2. According to the petitioner, he was doing business in Hong Kong during the period 2014 and during Covid-19 pandemic, he came down to India. After his arrival in India, the Directorate of Enforcement conducted search at his premises and his mobile phones and other devices were seized as per Ext. P2 Mahazar. WP(C) No.2505/2023 3 / 10 Order Date : 12-04-2024 W.P (C) No.2505 of 2023 : 2 : On 21.11.2022, when the petitioner went to Cochin International Airport to go to Qatar for employment purpose, the Immigration authorities informed that the respondents 2 and 3 have interdicted the petitioner from travelling abroad. The petitioner seeks to quash the records leading to the Look out Circular issued against him at the instance of respondents 2 and 3.
3. A statement and an additional statement have been filed on behalf of respondents 2 and 3 stating that summons was issued to the petitioner alleging violation of the provisions of Foreign Exchange Management Act and several incriminating documents and digital devices were seized from his premises. The Look out Circular was issued against him due to the serious threat of him leaving the Country to evade investigation. It is stated WP(C) No.2505/2023 4 / 10 Order Date : 12-04-2024 W.P (C) No.2505 of 2023 : 3 : that the presence of the petitioner is essential for further investigation. However, the petitioner is not cooperating with the investigation, and permitting him to leave the country would impede the investigation.
4. This Court, by order dated 18.03.2024, directed the learned Standing Counsel appearing for the 3rd respondent to file a statement/affidavit showing the details of the documents or any other information that is to be provided by the petitioner for the purpose of investigation. This Court also directed that the statement shall also indicate as to whether the petitioner can be permitted to go abroad on the same condition in the judgment of this Court in W.P.(C) No. 31578 of 2023.
5. The learned Standing Counsel for respondents 2 and 3 has accordingly filed 2nd additional statement WP(C) No.2505/2023 5 / 10 Order Date : 12-04-2024 W.P (C) No.2505 of 2023 : 4 : dated 10.04.2024 wherein it is stated that the petitioner has not submitted the following documents demanded from him during the course of interrogation:-
"i. Financial details of M/s Vantage Traders Limited, M/s Grace Hill Trading Limited & M/s Unique Traders Limited.
ii. Bank A/c Statement of M/s Vantage Traders Limited, M/s Grace Hill Trading Limited & M/s Unique Traders Limited for period 01.01.2012 to till closure of account or till date.
iii. Audited Balance sheet of M/s Vantage Traders Limited, M/s Grace H-II Trading Limited & M/s Unique Traders Limited from 2012 onwards.
iv. Ledgers of M/s Vantage Traders Limited,
M/s dra 9e<Hill Trading Limited & M/s
Unique Traders Limited for period
01.01.2012 to till closure of account or till - date.
WP(C) No.2505/2023 6 / 10 Order Date : 12-04-2024 W.P (C) No.2505 of 2023 : 5 : v. Documents rendered by the Petitioner during the statement dated 24.11.2022."
6. It is further stated that if the petitioner leaves the country without submitting these documents, that will derail the investigation. It is stated that presence of the petitioner for recording his statement is necessary and considering the seriousness of the issues involved in the investigation matter and the non cooperative attitude of the petitioner throughout the investigation process, if the petitioner is permitted to leave the country during the on-going investigation, he will never cooperate with the investigation and will frustrate the investigation.
7. The learned counsel for the petitioner, on instructions, submits that, certain documents, particularly, those referred to at Sl.Nos.1 to 4, are not available with WP(C) No.2505/2023 7 / 10 Order Date : 12-04-2024 W.P (C) No.2505 of 2023 : 6 : him and the petitioner will provide the documents which are currently available with him. The learned counsel further submits that once the petitioner is permitted to go abroad, he will promptly return to India as and when summoned by respondents 2 and 3 for the purpose of investigation. In the light of the said submissions, the following directions are issued:
(i) The petitioner shall provide the documents demanded by respondents 2 and 3 that are currently available with him before leaving the country.
(ii) The petitioner shall file an affidavit listing the documents demanded by respondents 2 and 3 that are not currently available with him.
(iii) The petitioner shall also furnish the details of any property that can be given as security to ensure his WP(C) No.2505/2023 8 / 10 Order Date : 12-04-2024 W.P (C) No.2505 of 2023 : 7 : presence for the purpose of the investigation.
(iv)The petitioner shall also make a Fixed Deposit of a sum of Rs. 5 lakhs with a Nationalised Bank and shall produce the Fixed Deposit receipt before the 3rd respondent. The said Fixed Deposit shall be renewed from time to time until the proceedings against the petitioner are completed. Respondent No. 3 is authorised to mark a lien on the Fixed Deposit.
(v) The petitioner shall cooperate with the investigation in every manner and shall also appear for investigation as and when required by respondents 2 and
3. The respondents 2 and 3 shall give one month's notice to the petitioner by email for his presence for investigation. The petitioner shall furnish his E-mail ID before the respondents 2 and 3.
WP(C) No.2505/2023 9 / 10 Order Date : 12-04-2024 W.P (C) No.2505 of 2023 : 8 :
(vi).The Look out Circular issued against the petitioner shall be kept in abeyance for a period of six months to enable him to travel abroad.
It is made clear that if the petitioner fails to appear before respondents 2 and 3 pursuant to the summons, if any, it will be open to the respondents 2 and 3 to initiate appropriate action in accordance with law to secure his presence, and also to appropriate the amounts under fixed deposit to be created by the petitioner. In such event it will also be open to the respondents to revive the Look out Circular which is now ordered to be kept in abeyance.
Post on 19.06.2024.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) No.2505/2023 10 / 10 Order Date : 12-04-2024 APPENDIX OF WP(C) 2505/2023 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF PETITIONERS PASSPORT NO. Z6990025 DATED 18.10.2022 Exhibit P2 TRUE COPY OF THE SEIZURE MAHAZAR DATED 24.11.2021 Exhibit P3 TRUE COPY OF THE APPOINTMENT LETTER DATED 10.08.2022 Exhibit P4 TRUE COPY OF THE E-MAIL DATED 07.10.2022 FROM REGIONAL PASS PORT OFFICER TO THE PETITIONER Exhibit P5 TRUE COPY OF THE VISA DATED 25.10.2022 ISSUED BY THE STATE OF QATAR Exhibit P6 TRUE COPY OF THE SUMMONS DATED 21.11.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE LEAVE APPLICATION OF THE PETITIONER DATED 06.12.2022 Exhibit P8 TRUE COPY OF THE DETAILED REPRESENTATION DATED 25.12.2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P9 TRUE COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT DATED 26.12.2022 TO THE PETITIONER Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN B.A. NO. 156/2023 DATED 18.01.2023 OF THIS HONOURABLE COURT Exhibit P11 TRUE COPY OF THE DISCHARGE SUMMARY OF PETITIONER ISSUED BY ASTER MEDCITY DATED 6.6.2020 Exhibit P12 TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, CHENNAI DATED 12.03.2023 Exhibit P13 TRUE COPY OF THE REPLY OF THE BANK THROUGH E-MAIL DATED 29.05.2023 TO THE PETITIONER Exhibit P14 TRUE COPY OF THE E-MAIL DATED 30.09.2023 OF THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P15 TRUE COPY OF THE E-MAIL OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 12.12.2023