Ramesh Himatlal Shah v. State Of Maharashtra

RAJESHWARI RAMESH PILLAI Date: 2023.08.09 18:59:44 +0530 RAJESHWARI RAMESH PILLAI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2843 OF 2023 IN CRIMINAL WRIT PETITION NO. 440 OF 2023 Ramesh Himatlal Shah

...Petitioner

Versus

Union of India and Others

...Respondents

Mr. Sidharth Samantaray a/w. Ms. Kalyani Wagle i/b. M/s. T. N. Tripathi & Co. for the Petitioner.

Mr. S. K. Halwasia for Respondent No.1.

Ms. P. P. Shinde, APP for the State.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 9th AUGUST 2023 P. C. :

1.

By this application, the applicant seeks the following reliefs: (a) Permit the Applicant to travel abroad i.e. Moscow via Dubai from 12/08/2023 to 20/08/2023 and from Mumbai to New York via Dubai from 09/09/2023 to 20/09/2023 for business purpose upon such terms and conditions as the Hon'ble Court may deem, fit and proper.

1/5

(b) That look out circular ("LOC") against the Applicant may kindly be suspended from 12th August 2023 to 30th December 2023 2.

It appears that the applicant is in the business of Diamond Export/Import business for the last 35 years and as such is required to travel to various countries in connection with his work. It also appears that there is an SFIO investigation going on since 2018 and it is at the instance of the SFIO that the Look Out Circular has been issued as against the applicant. It is not in dispute that the applicant has on five earlier occasions travelled on terms and conditions stipulated in the said order, pursuant to the orders passed by this court.

3.

By this Interim Application, the applicant is seeking permission to travel to Moscow via Dubai from 12th August 2023 to 20th August 2023 and from Mumbai to New York via Dubai from 9th September 2023 to 20th September 2023 for business purpose. Accordingly the applicant seeks suspension of his LOC during the said period of travel.

2/5

4.

Learned counsel for the applicant has tendered a compilation of the orders passed by this court permitting him to travel to various countries on earlier occasions on certain terms and conditions as well as his schedule for travel to Moscow via Dubai and schedule for travel from New York via Dubai. The said compilation is taken on record.

5.

Considering the aforesaid, we permit the applicant to travel abroad to Moscow via Dubai from 12th August 2023 to 20th August 2023 and to New York via Dubai from 9th September 2023 to 20th September 2023 for business purpose on the following terms and conditions :

(i) During the said period i.e. from 12th August 2023 to 21st September 2023 LOC issued at the instance of the SFIO shall stand suspended.

(ii) The applicant, before his departure, to file an affidavit-cum-undertaking with the Registrar (Judicial-I), Appellate Side of this Court, setting out the full itinerary of his overseas travel with all details, including the addresses 3/5

where he would stay, telephone/mobile/ contact numbers, on which he can be contacted during the said period. A copy of the said affidavit-cum-undertaking shall also be furnished to the SFIO, before the applicant's departure; (iii) The applicant before his departure shall also submit copies of his tickets for the onward and return journeys, to the SFIO as well as before the Registrar (Judicial-I), Appellate Side, of this Court; and also inform the SFIO of his return back to India within one week of his return. (iv) The Immigration Authorities on all points of departure, will permit the applicant to pass through immigration and to board his flight or flights, irrespective of whether the immigration system has been updated and whether the SFIO has informed the Immigration Authorities or not (v) Mr. Halwasia, learned counsel for the respondent no. 1-SFIO also assures to inform the immigration authorities of the orders passed today within 48 hours of the order being uploaded.

4/5

6.

Interim Application is disposed of in the aforesaid terms. All concerned to act on the authenticated copy of this order. GAURI GODSE, J.

REVATI MOHITE DERE, J.

5/5