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Synopsis

The Delhi High Court recently observed that a Look-Out Circular (LOC) is a coercive measure to ensure that a person surrenders and it interferes with the petitioner’s right to personal liberty and free movement. "LOC is to be issued in cases where the accused is deliberately evading summons/arrest or where the accused fails to appear in Court despite the issuance of Non-Bailable Warrants," the court said. 

A bench of Justice Anoop Kumar Mendiratta noted the above while quashing LOC issued against one Mohd. Kashif in view of the investigation being conducted against him by the customs department.

The counsel appearing for Kashif informed the bench that Kashif became aware of the LOC issued against him after he had moved an application for permission to go abroad before the Chief Metropolitan Magistrate, which was rejected.

He submitted that the LOC appeared to have been wrongly opened since the investigation in the case of the petitioner was already over and he was no more required for the purpose of any investigation. It was also submitted that Kashif is required to return to Dubai, failing which he will lose his job and his NRI VISA is liable to be canceled.

However, the affidavit filed by the Additional Commissioner of Customs stated that the case of smuggling of 7.790 kgs of gold through baggage was booked at IGI Airport by the Customs Department. During the investigation, it appeared that Kashif had smuggled 6 kgs of gold in the past, aided and assisted by two pax namely Syed Salman and Shazeb. However, Kashif did not join the investigation in spite of repeated summons issued against him. 

Later, the Deputy Commissioner (Immigration) was left with no option other than to open a LookOut Circular (LOC) against Kashif, it contended.

In view of the above, the bench noted the arguments made by the counsel for Kashif that the investigation of the proceedings had been completed and opined that the presence of Kashif was not required except for adjudication proceedings. Additionally, the proceedings are merely pending for the passing of orders before the competent customs authority and Kashif already stands represented through counsel, court pointed out. 

Therefore, the bench quashed LOC issued against Kashif noting that the same had not been opposed by the Additional Commissioner of Customs and allowed him to leave abroad (Dubai) for a period of three months.