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Dr Kanwar Deep Singh vs Directorate Of Enforcement on 12 December, 2022

Author: Dinesh Kumar Sharma

Bench: Dinesh Kumar Sharma

                          $~90
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 6638/2022, CRL.M.A. 25854/2022
                                 DR KANWAR DEEP SINGH                               ..... Petitioner
                                                    Through:     Mr.Vikram Chaudhri, Sr.Adv. with
                                                                 Mr.Rishi Segal, Ms.Prabhaneer
                                                                 Swami and Ms.Arveen Sekhon,
                                                                 Advocates for the applicant
                                                    versus

                                 DIRECTORATE OF ENFORCEMENT                         ..... Respondent
                                                    Through:     Mr.Zoheb Hossain, Adv. for ED with
                                                                 Mr.Vivek Gurnani, adv.

                                 CORAM:
                                 HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                    ORDER

% 12.12.2022

1. Present petition has been filed seeking permission to undertake travel to London in United Kingdom from 28.12.2022 to 20.01.2023 to enable him to undergo requisite appropriate treatment for prostate cancer, for which the petitioner has already undergone a surgery at Medanta Hospital Gurugram on 23.09.2022.

2. The facts as briefly recapitulated by the learned counsel for the petitioner are that the bail was granted by the learned Sessions court wherein the learned sessions court imposed inter alia a condition that the petitioner shall not leave the country without permission of the court and shall deposit his passport with the court if not already deposited. Pursuant to this condition, the petitioner moved an application before the learned trial court Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:17.12.2022 16:35:03 for permission to travel to USA for the treatment of prostate cancer. This permission was granted by the sessions court vide order dated 08.04.2022. This order dated 08.04.2022 was challenged by the respondent/ED vide Crl.M.C.1748/2022. This court vide a detailed order dated 24.05.2022 taking into account the objections of the ED declined the permission to travel to USA.

3. Learned counsel for the petitioner submits that the travel to USA was declined by this court predominantly on the objection taken by the ED that the petitioner has huge financial interest in USA and has influence thereon. Learned counsel submits that thus, the objection of the ED was confined to the travel to USA.

4. Learned senior counsel for the petitioner also submits that the ED has submitted that the petitioner may be permitted to travel to any other place. Learned senior counsel further submits that thereafter the petitioner moved an application before learned trial court for seeking permission to travel to UK. This time again, the learned trial court vide order dated 01.09.2022 declined the permission taking into account predominantly the fact that there are enough/appropriate facilities in India for the treatment of the petitioner. Learned senior counsel submits that learned trial court also took into account the fact that the permission to visit USA was declined by this Court. Learned counsel submits that subsequent to order dated 01.09.2022, the petitioner had undergone surgery at Medicity Gurugram. However, post surgery the petitioner is suffering from urinary infection and erectile dysfunction for which some advance treatment is required. Learned counsel submits that taking into account the medical condition of the petitioner, the permission may be granted to the petitioner to travel to UK.

5. Mr.Zoheb Hossain, learned counsel for ED has opposed the application. He submits that it was not the case that the ED had taken a plea that the petitioner may be permitted to travel anywhere except USA. Learned Special counsel submits that the permission to travel to UK was rejected by the learned trial court on 01.09.2022 whereas the petitioner has approached this court now only and seeks early decision of the matter in view of the fact that the travel date is from 20.12.2022. However, Mr.Zoheb Hossain has graciously submitted that he will file the response within a week with advance copy to the learned counsel for the petitioner.

6. List the matter on 19.12.2022.

DINESH KUMAR SHARMA, J DECEMBER 12, 2022 rb Signature Not Verified Digitally Signed By:RAJ BALA Signing Date:17.12.2022 16:35:03