Sanjeeb Das vs Union Of India
2023 Latest Caselaw 3653 Bom

2023:BHC-OS:2945-DB                                         919-IAL-9497-2023-IN-WPL-9488-2023-LOC-IMM.DOC




                             Shephali



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                        INTERIM APPLICATION (L) NO. 9497 OF 2023
                                                                      IN
                                             WRIT PETITION (L) NO. 9488 OF 2023


                             Sanjeeb Das                                                            ...Applicant
                                   In the matter between
                             Sanjeeb Das                                                           ...Petitioner
                                   Versus
                             Union of India & Ors                                              ...Respondents


                             Dr Abhinav Chandrachud, i/b Mukund Pandya , for the
                                  Applicant/Petitioner.
                             Mr Harsh Dedhia, i/b Hiten Venegavkar, for the Respondent-CBI.
                             Mr YR Mishra, with Dashrath Dube, for Respondent No. 1-UoI.


                                                           CORAM        G.S. Patel &
                                                                        Neela Gokhale, JJ.

                                                           DATED:       13th April 2023
                             PC:-
      SHEPHALI
      SANJAY
      MORMARE
      Digitally signed by

1. The Interim Application by the Petitioner seeks leave to travel SHEPHALI SANJAY MORMARE Date: 2023.04.17 09:52:11 +0530 to United Kingdom between 27th April 2023 to 15th May 2023. It also seeks that a Look Out Circular or LOC issued through the 2nd Respondent, the Bureau of Immigration be stayed considering the urgency of the travel.

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2. Such Look Out Circulars are typically issued by public sector banks under certain Office Memoranda ("OM") of the Bureau of Immigration that permits public sector banks to do so. A large group of Petitions challenging the Office Memoranda and individual LOCs was finally heard by Division Bench of which one of us (GS Patel J) was a member in 2022. Judgment is reserved.

3. In the present case, the Petitioner says that his passport was seized by the CBI, the 3rd Respondent in connection with an FIR and then impounded by the Regional Passport Officer on 7th March 2019. The Petitioner appealed to the Chief Passport Officer who confirmed the order. The Petitioner challenged that appellate order in Writ Petition No. 9289 of 2021 before this Court. The resultant High Court order was passed on 2nd May 2022 allowing the Petition and remanding it for a detailed order. The Chief Passport Officer by a second order of 30th May 2022 again maintained the impounding of the Petitioner's passport. The Petitioner filed a second Writ Petition No. 8511 of 2022, and, on 30th August 2022, this Court directed the Chief Passport Officer to hear the Petitioner and pass appropriate orders.

4. The Petitioner says that he learnt of an LOC issued against him for the first time through the order of 30th May 2022 passed by the Chief Passport Officer in the Appeal filed by the Petitioner challenging the impounding proceedings. Since no hearing was given to the Petitioner and no order was passed by the Chief Passport Officer within time specified by this Court, the Petitioner filed another Writ Petition No. 14852 of 2022 before this Court. On

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6th February 2023, this Bench recorded the statement of the Respondents Nos. 2 to 5 that they would hear the Petitioner and his Advocates on all points within ten days and a reasoned decision would follow by 23rd February 2023. The Chief Passport Officer then passed an order on 24th February 2023 directing the release of the Petitioner's passport subject to an undertaking. The Petitioner received his passport No. R2428678 on 6th March 2023.

5. The factual background is this. The Petitioner was Vice- President (Finance) of a financial company called Akshata Mercantile Pvt Ltd ("AMPL"). This was incorporated on 26th March 2004 importing and trading in iron and steel products. After 2013-14 its financial affairs took a downturn. It was unable to repay its debts. The case against AMPL relates to a Letter of Credit which it took from one or more entities of the Topworth Group and from the Bank of Baroda. The Petitioner says that though he was Vice- President Finance, he did not himself sign any documents nor was he a director of any of these companies. It seems that at the instance of the Bank of Baroda, the CBI registered a complaint on 13th November 2018 for an offence under Section 120-B read with Sections 409 and 420 of the Indian Penal Code read with Sections 13(2), 13(1)(c) and (d) of the Prevention of Corruption Act 1988. But the Petitioner has never been arrested nor has he received any notice under Section 41A of the Code of Criminal Procedure 1908.

6. Not only was no notice served on the Petitioner, but no copy of the LOC was ever served on the Petitioner. Although the Petitioner demanded copies and reasons, this was never given to

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him. The Petitioner is a financial consultant. He has been invited to business meetings on 28th April 2023 in London and, thereafter, to further meetings in May 2023 also in London. Hence this application.

7. We will in the first instance require the Petitioner to join the Bank of Baroda as a party Respondent to the Petition. The amendment is to be carried out by 19th April 2023 without need of reverification. The Bank of Baroda will be served thereafter with a copy of the amended petition.

8. Having regard to the statement of facts, the decision of the Supreme Court in Maneka Gandhi v Union of India,1 and the limited relief sought, we grant the Petitioner a time-limited permission to travel to United Kingdom between 27th April 2023 to 15th May 2023, if necessary by any transit hub or destination.

9. This order will also be subject to the usual conditions, viz.:-

(a) the Petitioner is to file an undertaking to return to this country at the end of this period, if not already done;

(b) the Petitioner is to file a detailed itinerary with his contact details and addresses overseas, if not already done;

(c) The Petitioner must file an undertaking (if not already done) not to apply for renewal or extension of this order until he returns to this country.

 1       1978 (1) SCC 248.




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10. Subject to these conditions, the LOCs in question against the Petitioner are stayed until 16th May 2023.

11. The immigration authorities at all ports of departure including all airports will permit the Petitioner passage and permit the Petitioner to take his flights out of the country irrespective of whether they have notified them or not and irrespective of whether this suspension is noted in the immigration authorities' systems or not.

12. The immigration authorities will not ask for a certified copy of this order but will act on presentation of an authenticated or digitally signed copy of this order.

13. The Interim Application is disposed of in these terms. No Costs.

 (Neela Gokhale, J)                                             (G. S. Patel, J)





                                    13th April 2023