High Court of DelhiW.P.(CRL)/1535/2016

Iqbal Hussain v. Union Of India & ORS

2016-11-10Hon'Ble Mr. Justice A.K. Pathak2 pages

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1535/2016 IQBAL HUSSAIN ..... Petitioner Through :

Ms. Sangita Bhayana, Adv.

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

Ms. Megha Rohatgi and Mr. Vikas Chopra, Advs. for R-1.

Mr. Sanjeev Narula, CGSC and Ms.

Vinita Sasidhar, Adv.

Mr. Satish Aggarwal and Mr. Amish Aggarwala, Advs.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.11.2016 On 26th October, 2016, learned counsel for respondent nos.1 & 2 stated that counter affidavit has been filed in the Registry on 30th September, 2016 vide diary no.263482. Learned counsel for respondent nos.1 & 2 was directed to take up the matter with Registry and get the same placed on record. Registry has reported that vide diary no.268482, letter dated 15th September, 2016 of Commissioner of Customs has been filed not the counter affidavit. Learned counsel for respondent nos.1 & 2 submits that this letter itself be treated as response of respondent nos.1 & 2.

Petitioner has prayed in this writ petition the quashing of the Look Out Circular issued against petitioner. In the letter by Deputy Commissioner of Customs, Air Intelligence Unit, IGIA, T-3 written to learned counsel for respondents, it has been stated thus:- "As per the prevailing guidelines of MHA, an LOC is opened against accused for one year during which behaviour/movement of the accused is closely scrutinized.

Once the activities of the accused are found satisfactory during the said period, then the LOC against him is revoked, otherwise the LOC against the accused would be extended for another one year. In the instant case also, no case has been booked against the petitioner after 15th August, 2015 and hence the LOC against him may be revoked."

In view of the above communication whereby Deputy Commissioner of Customs has himself has stated that LOC may be revoked, without going into merits and demerits of the case, LOC is revoked. Petition is disposed of in the above terms.

A.K. PATHAK, J.

NOVEMBER 10, 2016/dk