The issuance of Look Out Circular against a UK citizen was unconstitutional, infringing on the right to travel without due cause, lacking sufficient grounds under the governing Office Memorandum.

JUDGMENT

Sudhir Kumar Jain, J.

1. The present writ petition is filed under Article 226 of the constitution read with section 482 of the Code of Criminal Procedure, 1973(hereinafter referred to as "The Cr.P.C") for quashing of the Look Out Circular dated 10.02.2016 issued by the respondent no. 2 against the petitioner.

2. The petitioner pleaded that the petitioner, a person of Indian Origin, is a citizen of the United Kingdom and is holding British passport bearing No. 521241201. The petitioner is engaged in the business of repairing and sale of watches. The petitioner is also holding a document issued by the Government of India i.e., Overseas Citizen of India bearing no. A860650. The Petitioner came to India on 16.01.2016 to visit his ailing and aged mother residing flat bearing no 501, 5th floor, Queens Diamond Apartment, M.P Marg, Opera House, Mumbai - 400004. The petitioner is a senior citizen and requires constant medical attention due to various ailments.

2.1. The Directorate of Enforcement, Mumbai Zonal Office i.e., the respondent no.3 had registered an Enforcement Case Information Report i.e., ECIR/02/MZO/2007 on 08.01.2007 against Hassan Ali Khan and Kashinath Tapuriah under the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "PMLA"). The respondent no. 3 subsequently registered a case bearing Complaint No 01/2011 and the Special Court, Mumbai vide order dated 06.05.2011 issued process against Hassan Ali Khan and Kashinath Tapuriah for allegedly stashing of funds to the tune of 8 US billion dollars.

2.2. The petitioner in the month of February, 2016 was served with the summons issued by the respondent no.3 and was directed to appear and participate in the investigation initiated in pursuance of Complaint bearing no 01/2011. The officials of the respondent no. 3 on 09.02.2016 has raided the place where the petitioner was residing i.e., flat no 501, 5th floor, Queens Diamond Apartment, M.P Marg, Opera House, Mumbai - 400004 without search warrant and seized copies of bank accounts details and certain mobile phone bills.

2.3. The respondent no. 2 opened/issued Look Out Circular (hereinafter referred to as "LOC") on 10.02.2016 against the petitioner without any justified or cogent reason and in contradiction to the Office Memorandum dated 27.10.2010 issued by the Ministry of Home Affairs (Foreigners Division).

2.4. The petitioner in compliance of summons issued by the respondent no. 3 appeared before the respondent no. 3 on 12.02.2016 and 26.02.2016 and thereafter also participated in the investigation.

2.5. The respondent no. 3 in March, 2016 filed an application bearing O.A. No 49 of 2016 under sub-section (4) of Section 17 of PMLA before the adjudicating authority, New Delhi constituted under the PMLA seeking retention of documents/ records / properties seized on 09.02.2016 from the premises owned by mother of the petitioner. The petitioner came to know from said O.A. that the respondent no. 3 seized mobile bills and photocopy of jewellery on 09.02. 2016. The jewellery was surfaced for the first time in the O.A. No 49/2016.

2.6. The petitioner was bound to return to United Kingdom on 14.04.2016 but was apprehended at Mumbai Airport and was disallowed to leave India due to LOC issued by respondent no. 2 against the petitioner which curbed his right to travel beyond India.

2.7. The respondent no. 3 issued summons to the petitioner on 03.05.2016 and 10.05.2016. The respondent no. 3 during investigation asked the petitioner to lodge a police complaint against Hassan Ali Khan which was refused by the p