In a recent case, the Delhi High Court rejected an application from an international hawala operator seeking permission to travel abroad. Petitioner Jai Prakash Singhal filed an appeal against the ASJ’s order dismissing his application to travel to Dubai for 30 days to appoint someone to oversee his business. The petitioner prays for the order to be set aside, requesting permission to travel abroad for this purpose.
During the appeal proceedings, Tanmaya Mehta, counsel for the petitioner, argued that the petitioner had voluntarily returned to India for investigation, with proceedings under Section 82 of Cr.P.C. dropped and anticipatory bail granted while he was in Dubai.
The petitioner’s counsel pointed out that after returning to India, the Directorate of Enforcement arrested him, and he was released on regular bail. The Look-Out Circular was canceled by the ASJ after anticipatory bail.
The petitioner argued that the denial of travel abroad violates Article 21 of the Indian Constitution, asserting the right to travel despite being on bail. The Special Counsel for the Directorate of Enforcement countered, stating that LOCs from ED and Income Tax Department remain open due to the petitioner’s involvement in financial transactions.
Nandita Rao, ASC for the State, argued that the investigation is ongoing, and the petitioner failed to provide a specific reason for overseas travel. The court noted a complaint filed in 2021 and the petitioner’s involvement in transferring money to Dubai, supporting the State’s arguments.
The court observed that the petitioner, granted anticipatory bail with conditions, failed to present a compelling case for travel. Despite owning a firm in Dubai, the court emphasized the ability to manage it remotely.
In conclusion, Justice Swarana Kanta Sharma rejected the hawala operator’s application for permission to travel abroad, considering the ongoing investigations and the petitioner’s failure to establish a strong case for overseas travel.
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