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DINESH KUMAR SHARMA
Mandhir Singh Todd – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Dinesh Kumar Sharma,, J.
1. The present petition has been filed under Section 482 Cr. PC with the following prayers:
"a. set aside the impugned order dated 11.10.022 passed by Sh. Sushil Anuj Tyagi, LearnedASJ-04, Central District Court Tis Hazari, whereby application filed by the petitioner bearing IA No.01/2022 was erroneously and mechanically dismissed.
b. permit the petitioner to travel to London for a period of 4 weeks in order to receive medical treatment for his rare medical condition affecting the vision of his eyes;
c. Set aside/suspend the Look Out Circular, dated 05.08.2019, issued at the behest of the respondent for the period of travel of the Petitioner."
2. The petitioner is aggrieved of the impugned order dated 11.10.2022 passed by the learned 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 the petitioner failed to set up any case to set aside the LOC. Learned Trial Court also took note of the fact that the petitioner tri
The right to travel must be balanced with the right of the prosecuting agency to ensure the accused attends trial and does not abscond.
The seriousness of the allegations, the availability of medical treatment in India, and the risk of the petitioner fleeing the country were key considerations in the court's decision.
Indefinite Look Out Circulars infringe on the fundamental right to travel abroad and violate the principle of proportionality under Article 21 of the Constitution.
The court held that an accused can be permitted to travel abroad for medical treatment if there is no substantial evidence of risk of tampering with evidence or of failing to return.
Expression “personal liberty” under Article 21 of Constitution of India has a wider amplitude which includes right to go abroad. A person cannot be deprived to this right except in accordance with pr....
The main legal point established is the requirement for procedural safeguards in the issuance of Look Out Circulars, ensuring compliance with principles of natural justice and a fair, just, and reaso....
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