High Court of DelhiW.P.(CRL)/897/2016

Asif Ali Khan v. Union Of India & ORS

2017-01-18Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 897/2016 ASIF ALI KHAN ..... Petitioner Through:

Ms. Sangeeta Bhayana, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr. Rakesh Kumar, CGSC and Mr.

Gaurav Rohilla, Adv. for R-1 and R3.

Mr. Harpreet Singh, Sr. Standing Counsel for R-2.

Ms. Richa Kapoor, ASC for State with Ms. Seema Patnaha, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.01.2017 During the course of hearing, learned counsel for the petitioner submits that the only relief pressed in this writ petition at this stage is regarding quashing of Lookout Circular (LOC) issued against the petitioner. Respondent nos. 1 and 3 have filed affidavit of Sh. Prabhakar, Foreigners Regional Registration Officer (FRRO) wherein, it is stated that LOC No. 2016401148 was opened against the petitioner, pursuant to the letter dated 12th January, 2016 of DC Customs, IGIA, New Delhi (respondent no.2). LOC was opened in accordance with the directions of Ministry of Home Affairs as contained in Office Memorandum No. 25016/31/2010-Imm dated 27.10.2010 which relates to the issuance of LOC in respect of the Indian

citizens and foreigners.

Respondent no.2 has stated in his counter affidavit that petitioner was arrested on 31st October, 2015 for the offence punishable under Sections 132 and 135 of the Customs Act, 1962 as he was found smuggling 2 pieces of gold bars of 1 kg each. In the said matter petitioner was released on bail. LOC was opened to ensure that petitioner may not involve himself in smuggling of goods/gold again and again. LOC is opened for a period of 12 months from the date of issue.

Learned counsel for the respondent no.2 submits that since activities of the petitioner have not been found suspicious during the period of 12 months, therefore, no further request has been made to other respondents to extend the LOC. As per the instructions of Ministry of Home Affairs, LOC automatically expires after 12 months.

It is further submitted that respondent no.2 is not interested in extending the LOC against the petitioner and the LOC in question has already lapsed.

In view of the submissions of learned counsel for the respondents, writ petition is disposed of with the observation that LOC against the petitioner stands revoked.

Dasti.

A.K. PATHAK, J.

JANUARY 18, 2017/ga