JUDGMENT

Manisha Batra, J. (Oral)

This petition has been filed by the petitioner seeking a writ of certiorari for quashing a Look Out Circular (LOC) issued against her by respondent No.1 Bureau of Immigration, Ministry of Home Affairs, Government of India, at the instance of respondent No.2-Director of Enforcement.

2. The case of the petitioner is that she is a non-resident Indian, and has been residing at Singapore since 2016 where she has been working in a software company. Her permanent address is of Ludhiana. After the demise of her husband in the year 2014, she had received certain properties in a family settlement from her in-laws. Out of her own income, she has purchased an apartment in Ludhiana in June/July, 2020. Her father, Kailash Aggarwal was engaged in business and had dealings with National Spot Exchange Limited (NSEL). An FIR bearing No. 213 was issued against NESL, its Directors and employees. Father of the petitioner and the companies owned by him have also been implicated as accused in the said case which was registered under the provisions of Prevention of Money Laundering Act, 2002 (PMLA) and her father is facing trial before the designated court at Greater Mumbai. Some other complaint filed against him is also pending in the same Court. She had come to visit her parents in March, 2020. However, due to outbreak of Covid and consequent lockdown, she had been staying with her parents since then. A raid had been conducted by the officials of respondent No.2 at the residence of her father on 11/12.08.2020 and then she came to know that bank accounts and D-mat accounts, which were existing in the name of her daughters and herself got frozen/suspended from her bankers by respondent No.2 by issuing some orders in that regard.

3. It has been further submitted in the petition that several documents were seized from the house of her father on 11.08.2020, which included gift deeds executed by her parents in favour of her daughters and herself as well as the sale deed of property owned by her at Ludhiana. Her statement had also been recorded by officials of respondent No.2. Subsequently, notices were issued to her by respondent No.2 to appear in its office. Initially, due to fear of Covid, she could not appear there and had sent written requests in that regard. Then on 20.08.2020, she had gone abroad for her professional commitments and returned on 20.10.2020. She had again gone abroad and while she had returned on 10.11.2020 and reached Amristar Airport, she was detained by the immigration officers and was told that an LOC had been issued against her. She submitted that during her stay abroad for the period from 20.08.2020 till 10.11.2020, some notices were issued by respondent No.2, which could not be received by her. Some complaints had been filed under PMLA, 2002 by the respondents in the intervening period making allegations that her parents had sold attached properties and had transferred the sale price in their bank accounts. On 24.09.2020, respondent No.2 got the movable and immovable properties in the name of the petitioner and her daughters, provisionally attached. The petitioner has made prayer for quashing the LOC as issued against her by the respondents and to direct the respondents to allow her to travel abroad.

4. The respondents appeared in response to the notice and have filed their respective replies by way of affidavits admitting that provisional order qua attachment of properties of father of the petitioner, his companies as well as bank accounts etc. of the petitioner and her daughters had been passed by respondent No.2. It is alleged that the father of the petitioner had committed off