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A. Y. KOGJE, SAMIR J. DAVE
Manish K. Rao – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.Y. Kogje, J.
1. Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No.1-State. Learned advocate Mr.R.C.Kodekar waives service of rule on behalf of respondent No.2. Learned standing counsel Mr. Kshitij Amin waives service of rule on behalf of respondent No.4.
2. This petition under Article 226 of the Constitution of India is filed for issuance of writ of habeas corpus for releasing the petitioner, who according to the petitioner is in custody. The petitioner also prays for relief to take an appropriate action and grant compensation of Rs.5,00,000/- for illegal detention to be recovered from the responsible officer. The case has arisen on account of intercepting of the petitioner at the Airport who was to travel abroad, but was not permitted to travel on account of a lookout circular(LOC) by CBI and later on released, but by the time the flight had already departed.
3. The very day the matter was moved urgently before the Court and therefore, on 10.10.2023 when the matter was taken up, a statement was made by learned advocate for the petitioner that the petitioner has been released and therefore, the prayer clause-A would not survive. H
The main legal point established in the judgment is that interception and detention at the airport, based on a lookout circular (LOC) by CBI, did not constitute illegal detention, and the petitioner ....
Judicial orders granting permission for foreign travel and suspending a Look Out Circular (LOC) for a specific duration must be strictly enforced by executive and immigration authorities, superseding....
The issuance of a Look Out Circular (LOC) must be in accordance with the Central Government guidelines and must be based on reasonable grounds. The right to personal liberty and freedom of movement u....
Security personnel perform lawful preventive checks under their parent legislation; subsequent seizure of prohibited goods by empowered Customs officers after a formal handover satisfies statutory re....
Issuance of a Lookout Circular requires substantial justification; mere allegations and lack of a warrant renders it unlawful.
The court held that the risk of flight must be objectively assessed based on the petitioner's conduct and history of compliance, not solely on allegations of economic offences.
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