W.P.(CRL) 968/2025 $~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 968/2025 & CRL.M.A. 25320-25321/2025 MILIND KUMAR SINGH .....Petitioner Through: Mr. Madhav Khurana, Senior Advocate with Mr. Vikas Gogne, Mr. Satyam Chaturvedi and Ms. Kashvi Bansal, Advocates. versus DIRECTORATE OF ENFORCEMENT .....Respondent Through: Mr. Zoheb Hossain, Spl. Counsel with Mr. Vivek Gurnani, Panel Counsel, Mr. Kartik Sabharwal, Mr. Pranjal Tripathi and Mr. Kanish Maurya, Advocates for ED. Mr. Saurabh, IO, ED. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 26.08.2025 1. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 of the Code of Criminal Procedure, 1973) seeks quashing of the Look Out Circular1 issued against the Petitioner at the behest of the Respondent (Directorate of Enforcement2). 2. In the present case, the ED is conducting an investigation for offences 1 “LOC” 2 “ED” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:18:32 W.P.(CRL) 968/2025 under the Prevention of Money Laundering Act, 2002,3 pursuant to ECIR No. ECIR/DLZO-I/50/2021 dated 23rd September, 2021, which was registered subsequent to FIR No. RC2192021E0003 dated 23rd March, 2021, lodged by the Central Bureau of Investigation for scheduled offences. In the course of this investigation, the Bureau of Immigration, at the instance of the ED, issued an LOC against the Petitioner on 4th December, 2024, to prevent him from leaving the country. Consequently, the Petitioner has approached this Court seeking its quashing. 3. On 14th May, 2025, upon the Petitioner’s request for permission to travel abroad as interim relief, this Court considered the matter and granted permission, subject to certain conditions. The said order reads as follows: “CRL.M.A. 13153/2025 (seeking suspension of operation of the Look Out Circular) 1. Through this application, the Petitioner seeks suspension of Look Out Circular,4 issued against him by the Respondent, as the Petitioner intends to travel to the UAE for a period of three weeks from 26th May, 2025 to 28th June, 2025. The constraint on the Petitioner’s travel is on account of the LOC issued by the Bureau of Immigration, pursuant to the request made by the Directorate of Enforcement/ Respondent. 2. Mr. Madhav Khurana, Senior Counsel for the Petitioner, submits that the Petitioner holds a Residence Visa, which is a prerequisite for lawful residence, employment and business operations in UAE. The said Residence Visa as well as the Resident Identity Card issued to the Petitioner by the Government of UAE expired on 22nd February, 2025 due to the Petitioner’s inability to travel to the UAE, on account of the issuance of the LOC. Consequently, the Petitioner is incapacitated from renewing his Residence Visa and Resident Identity Card, and consequently, needs to travel to the UAE for the purpose of renewing the same. 3. Mr. Khurana submits that the underlying ECIR, which forms the basis of the LOC, was recorded on 23rd September, 2021. Pertinently, there was no restriction on the Petitioner’s travel until the issuance of the LOC on 4th December, 2024. During this period, the Petitioner travelled to the UAE nearly ten times, and returned to India each time. Furthermore, the 3 “PMLA” 4 “LOC” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:18:32 W.P.(CRL) 968/2025 Petitioner has fully cooperated with the investigation and has appeared before the Investigating Officer on five separate occasions. In these circumstances, it is submitted that the Petitioner may be permitted to travel abroad, subject to any conditions this Court may deem appropriate 4. Mr. Zoheb Hossain, Spl. Counsel as well as Mr. Vivek Gurnani, Panel Counsel for the ED, oppose the present application. They submit that the Applicant has always been evasive during the course of the investigation. Although he has appeared before the Investigating Officer, he has failed to furnish the documents that were specifically requested from him. They further submit that there exists a substantial risk of the Petitioner fleeing from the country in the event of the LOC being suspended. They point out that the Petitioner intended to leave the country on 28th December, 2024 without any information to the IO and was consequently, detained by the immigrating authority. 5. The Court has considered the submissions advanced by both parties. At present, there exists no direction issued by any court of law, restraining the Petitioner from travelling abroad, apart from the LOC issued by the Respondent. The Court notes that the underlying ECIR was recorded on 23rd September, 2021 and the investigation has been ongoing for over four years. Yet, no complaint has been filed to date, marking the culmination of the investigation. In such circumstances, the continued operation of the LOC against the Petitioner amounts to restricting the movement of a citizen who has a right to travel abroad, which is acknowledged to be a fundamental right under Article 21 of the Constitution of India, 1950, as observed in the landmark judgments of Maneka Gandhi v. Union of India5 and Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer and Ors.6 6. Furthermore, the Petitioner has voluntarily offered to furnish appropriate securities to allay any apprehensions expressed by the Respondent. It is also significant to note that, notwithstanding the registration of the ECIR and the pendency of investigation, the Petitioner has travelled abroad on multiple occasions and has consistently returned to the country, demonstrating his bona fides. 7. In light of the foregoing circumstances, the application is allowed and accordingly, the Applicant is permitted to travel from 26th May, 2025 to 28th June, 2025 to the UAE with the following terms and conditions: (a) The Petitioner shall deposit, by way of a security, an FDR amounting to INR 15 lakhs with the Registrar General of this Court, which shall be kept on an auto-renewal mode. (b) The Petitioner shall also deposit the original documents pertaining to property No. C-402, B-3 Velentine Appts, Pimpripada, Malad East, Mumbai- 400097. He shall also file an undertaking before the Registrar 5 (1978) 1 SCC 248 6 AIR 1967 SC 1836 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:18:32 W.P.(CRL) 968/2025 General that he shall not alienate or mortgage the aforenoted property without the permission of the Court, subject to further orders. (c) The Petitioner shall file an undertaking before the Registrar General that he shall return to the country by 28th June, 2025. The Petitioner shall intimate the Registrar General before leaving as well as within 72 hours of his return from the UAE. (d) The Petitioner shall file a detailed affidavit disclosing his complete itinerary, including his stay at various locations abroad as well as telephone numbers and residential/ hotel addresses. He shall also file an undertaking that he shall strictly adhere to the itinerary mentioned in the affidavit and not visit any other stations. He shall also furnish a copy of the air tickets purchased by him before the Registrar General. (e) The Petitioner shall also provide contact numbers, where he shall be available during his stay abroad and at least one of the said contact numbers shall be kept operational at all times, subject to all fair exceptions, including the period he is on board the aircraft. (f) The Petitioner shall file a self-attested copy of his passport to the Court, along with a copy of the visa, on his return to India. (g) The Petitioner shall also deposit the passport of his spouse and children with the Registrar General of this Court. 8. The permission to travel abroad given in this order shall be subject to all other applicable conditions and shall not be deemed as a direction to any other authority. In case any of the aforenoted conditions are violated, the security shall be forfeited. 9. Let the order be communicated by the Directorate of Enforcement to the Bureau of Immigration. 10. With the above directions, the application is disposed of. 11. List before the Registrar for verification of documents on 19th May, 2025. W.P.(CRL) 968/2025 12. Mr. Gurnani, Panel Counsel for Respondent, on instructions, states that the Petitioner has been called for investigating purposes and is required to appear before the IO on 16th May, 2025. In response, Mr. Khurana, on instructions, states that the Petitioner shall duly appear before the IO on the said date. His statement is taken on record. 13. Counter affidavit stated to have been filed by the ED is not on record. Let the same be brought on record. 14. Mr. Khurana states that he has received a copy of the counter affidavit and seeks time to file rejoinder. Let the same be done before the next date of hearing. 15. Re-notify on 26th May, 2025.” 4. Mr. Madhav Khurana, Senior Counsel for the Petitioner, states that the Petitioner duly complied with the aforesaid directions, travelled to the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:18:32 W.P.(CRL) 968/2025 UAE, and has since returned. He contends that such compliance itself establishes that the Petitioner does not pose a flight risk. He further states that the Petitioner is willing to adhere to the same set of conditions imposed by this Court in the aforenoted order, for any future travel abroad, until the investigation against him is concluded. Mr. Khurana submits that the Petitioner is even willing to furnish an undertaking that he shall return to India within five days of receiving notice from the concerned Investigating Officer and to extend full cooperation in the investigation as and when required. 5. Mr. Khurana also seeks waiver of condition 7(g) of the aforesaid order, which mandates deposit of the passports of the Petitioner’s spouse and children with the Registrar General of this Court, citing the medical condition of the Petitioner’s wife. 6. Per contra, Counsel for ED submits that the investigation is still underway, and they cannot with reasonable certainty indicate a timeline for its completion. Nevertheless, it is urged that, having regard to the gravity of the offences involved, appropriate conditions must continue to be imposed if the Petitioner is permitted to travel abroad. 7. The Court has considered the abovenoted facts and contentions. The Petitioner has complied with the conditions imposed in the order dated 14th May, 2025, travelled abroad, and returned to India. His conduct demonstrates bona fides and substantially mitigates the risk of flight. On the other hand, the investigation has been pending for nearly five years without culminating in the filing of a complaint. The indefinite continuation of an LOC in such circumstances would unjustifiably restrict the Petitioner’s right to travel abroad, a facet of the fundamental right under Article 21 of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:18:32 W.P.(CRL) 968/2025 Constitution.7 8. Accordingly, the LOC issued against the Petitioner in connection with ECIR/DLZO-I/50/2021 is quashed. However, in order to balance the concerns of the investigating agency, the Petitioner’s travel abroad shall be subject to condition, specified hereinafter: (a) The FDR amounting to INR 15 lakhs deposited with the Registrar General of this Court as per order dated 14th May, 2025 shall be retained subject to further directions. (b) The original documents pertaining to property No. C-402, B-3 Valentine Apartments, Pimpripada, Malad East, Mumbai–400097 deposited with the Registrar General pursuant to the aforesaid order shall also be retained. (c) As and when the Petitioner decides to travel abroad, he shall file an undertaking before the concerned Investigating Officer8 that he shall return to India within the period stated in his travel itinerary. He shall also intimate the IO before leaving India and within 72 hours of his return. (d) The Petitioner shall file a detailed affidavit before the IO disclosing his complete travel itinerary, including stay at various locations abroad, telephone numbers, and residential/hotel addresses. He shall further undertake not to deviate from the disclosed itinerary. Copies of air tickets shall also be furnished to the IO prior to departure. (e) The Petitioner shall provide contact numbers on which he can be reached during his stay abroad, and at least one such number shall remain 7 Maneka Gandhi v. Union of India (1978) 1 SCC 248; Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer and Ors. AIR 1967 SC 1836. 8 “IO” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:18:32 W.P.(CRL) 968/2025 active at all times, except for reasonable exceptions such as flight duration. (f) The Petitioner shall furnish a self-attested copy of his passport and visa to the IO upon his return to India. (g) The Petitioner shall return to India within five days of receipt of notice from the IO to join investigation and shall fully cooperate with the same. 9. The permission to travel abroad given in this order shall be subject to all other applicable conditions and shall not be deemed as a direction to any other authority. In case any of the aforenoted conditions are violated, the security shall be forfeited. 10. Let the order be communicated by the Directorate of Enforcement to the Bureau of Immigration. 11. The above conditions shall continue till such time the investigation qua the Petitioner is complete. Thereafter, in case any further conditions are required to be imposed on Petitioner’s travel, that shall purely be the prerogative of the concerned Trial Court. SANJEEV NARULA, J AUGUST 26, 2025 d.negi This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 12:18:32