Madras High Court
Senthil Kumar vs The Additional Director on 9 December, 2024
W.P.No.33748 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 09.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.33748 of 2024
Senthil kumar ...Petitioner
Vs
1. The Additional Director,
Directorate of Revenue Intelligence,
No.27, G.N.Chetty road, T.Nagar,
Chennai -600 017.
2. The Foreigner Regional Registration Officer,
Bureau of Immigration,
Shastri Bhavan annexure building,
No.26, Haddows road,
Chennai 600 006.
3. The Immigration Officer,
Breau of immigration,
Anna International Airport,
Meenambakkam, Chennai 600 027. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of
India seeking for issuance of a writ mandamus, directing the first
respondent to withdraw or cancel the look out circular issued to the
second and third respondents against the petitioner forthwith by
considering the petitioner's representation dated 07.10.2024.
For petitioner : Mr.B.Kumar, Senior Advocate
for Mr.K.Gopal
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W.P.No.33748 of 2024
For respondents : Mr.M.Santhanaraman
for first respondent.
Mr.M.Ramamoorthy,
Senior Central Government Counsel
for respondents 2 and 3.
ORDER
The writ petitioner herein seeks a direction to the first respondent to withdraw the look out circular issued to the second and third respondents against the petitioner by considering his representation dated 07.10.2024.
2. It is the case of the petitioner that he is engaged in the business of textile exports and he was issued with a Passport bearing No. Z6862413. The first respondent issued a look out circular against the petitioner as early as in the month of 2023, in connection with seizure of gold, for which, a case was registered in R.R.No.15/2023 on the file of Additional Chief Metropolitan Magistrate, Economic Offence-II, Egmore, Chennai. The detention order passed against the petitioner was set aside by a Division Bench of this Court in HCP No.953/2024, dated 31.07.2024. In such circumstances, the petitioner submitted a Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.33748 of 2024 representation before the first respondent seeking revocation of look out circular against the petitioner.
3. The first respondent filed a counter affidavit stating that the representation of the petitioner dated 07.10.2024 was considered and a proposal for revocation of look out circular against the petitioner was already forwarded to the Immigration Intelligence Bureau, New Delhi and reply is awaited. It is also stated that necessary undertakings/ affidavit may be obtained from the petitioner assuring his availability in the said adjudication/prosecution proceedings.
4. In response to the specific stand taken by the first respondent, the petitioner filed an undertaking affidavit dated 05.12.2024 and the same reads as follows.
"4. I state that in the adjudication proceedings, I would be represented by an Advocate. I have already appeared once and I further undertake to appear in the said adjudication proceedings.
5. I further submit that as and when, if any prosecution is launched by the Customs department, on receipt of summons, I shall appear and I will contest the proceedings."Page 3 of 8
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5. The learned Standing Counsel appearing for the third respondent produced a written instruction, wherein, it is stated that the Bureau of Immigration has no objection in granting arrival/departure to the petitioner, if the originator of the LOC modifies or deletes it. The same is scanned and reproduced below:-
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6. The first respondent filed counter affidavit stating that the proposal for revocation of LOC against the petitioner was already forwarded to the Immigration Intelligence Bureau, New Delhi. The copy of the letter by first respondent dated 22.11.2024 addressed to the Principal Director General of the first respondent's directorate is also produced before this court and the same is scanned and reproduced below:-
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7. In view of the fact that the first respondent, who is originator of the LOC already had sought for withdrawal of LOC, there may not be any impediment for the respondents 2 and 3 to withdraw or cancel the look out circular issued against the petitioner.
8. Accordingly, recording the statement made by the first respondent in the counter affidavit and also averments in para 4 and 5 of undertaking affidavit filed by the petitioner dated 05.12.2024, respondents 2 and 3 are directed to pass appropriate order for lifting look out circular issued against the petitioner, as per request made by the first respondent office. It is needless to say that the second and third respondents shall act, as per the modified request made by the first respondent.
9. With the above direction, this writ petition is disposed. There shall be no order as to costs. Connected miscellaneous petition is closed.
09.12.2024.
Index : Yes / No Internet : Yes / No mst Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.33748 of 2024 To
1. The Additional Director, Directorate of Revenue Intelligence, No.27,G.N.Chetty road, T.Nagar, Chennai -600 017.
2. The Foreigner Regional Registration Officer, Bureau of Immigration, Shastri Bhavan annexure building, No.26, Haddows road, Chennai 600 006.
3. The Immigration Officer, Bureau of immigration, Anna International Airport, Meenambakkam, Chennai 600 027. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.33748 of 2024 S.SOUNTHAR, J.
mst W.P.No.33748 of 2024 09.12.2024 Page 8 of 8 https://www.mhc.tn.gov.in/judis