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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR, AJAY KUMAR GUPTA
Debanjan Hazra – Appellant
Versus
Serious Fraud Investigation Office – Respondent
Judgment :
Ajay Kumar Gupta, J.
1. This intra-court appeal has been filed challenging the Judgment and order dated 13.02.2026 passed by the Learned Single Judge in WPA2772 of 2026.
2. The learned Single Judge, rejected the prayer for setting aside and/or quashing the Look Out Circular (in short ‘LOC’) issued in respect of the appellant, upon request by the Serious Fraud Investigation Office (in short SFIO).
3. The case run by the appellant in the writ petition was that, he is a citizen of India, but a non-resident and a chemist by profession. He had been appointed as an Assistant Manager at Elder Pharmaceuticals Limited (hereinafter referred to as ‘Elder’). He continued in such post till 2009. Thereafter, he was employed with Cell Life Therapeutics Pvt. Ltd., Cerberus Venture Pvt. Ltd., AR Printing and Packaging Pvt. Ltd., AR Printpack Ltd. and Stone Sapphire Pvt. Ltd. In the year 2013, he left India and moved to China. He joined Shanghai Shitai Co. Ltd. He eventually joined AD Global Limited in 2014 in Shanghai, and ever since then, he had been employed with the said company. He married a Chinese national and has two children. His elderly parents reside in Kolkata, and he frequently v
The court emphasized the authority of the Serious Fraud Investigation Office (SFIO) and the necessity of the Petitioner's presence for effective investigation into the affairs of Gitanjali Gems Limit....
The issuance and continuation of a Look-Out Circular must be justified by compelling reasons, specifically regarding flight risk or evading justice; lack of fresh evidence can render it arbitrary.
The issuance of a LOC must be based on exceptional circumstances and supported by substantial evidence. Mere suspicion is not sufficient to curtail an individual's right to travel abroad.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The court established that Lookout Circulars cannot be issued solely based on financial default; there must be evidence of criminal activity or a legitimate risk of flight.
The issuance of Look-Out Circulars must be justified by valid grounds such as cognizable offences or compelling economic interests; mere allegations without formal charges do not suffice.
The central legal point established in the judgment is that the issuance and renewal of Look Out Circulars (LOC) must align with the legal provisions and principles outlined in the relevant Office Me....
An LOC, which is a coercive measure to make a person surrender and consequentially interferes with his right of personal liberty and free movement, certainly has adverse civil consequences.
The personal liberty and fundamental right of movement guaranteed by the Constitution cannot be curtailed at the behest of BOB when the conditions precedent for making such request for opening an LOC....
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