Delhi High Court Directs CBI To Recall Lookout Circular Against Businessman Sathish Babu Sana In Corruption Case

The Delhi High Court on Friday directed the Central Bureau of Investigation (CBI) to recall the lookout circular issued against Businessman Sathish Babu Sana in relation to a corruption case involving meat exporter Moin Qureshi and other persons.

Justice Mukta Gupta however added that Sana will continue to join the investigation as and when directed by the Investigating Officer.

"The petitioner thus satisfies the test laid down by this Court in Sumer Singh Salkan (supra) as he has neither deliberately evaded arrest nor failed to appear before the Trial Court despite the non-bailable warrants nor has any coercive action been taken against him and he has travelled abroad number of times with the permission of the Court, which concession he did not misuse and therefore there is no justification in continuing with the LOC opened against the petitioner," the Court said.

The Court was dealing with Sana's plea seeking quashing of the lookout circular issued by CBI against the him in relation to a case registered against four named accused namely Moin Akhtar Qureshi, Aditya Sharma, Pradeep Koneru and A.P. Singh and other unknown persons and public servants.

The case was registered on the basis of a complaint dated 31st August, 2016 received from the Assistant Director, Delhi Zonal Office, Directorate of Enforcement alleging that Moin Akhtar Qureshi had been liaisoning and obtaining illegal money from various persons for getting their work done through public servants.

While the petitioner was not named in the case however, he was summoned as witness number of times, which he had joined. 

It was argued that the LOC issued qua two accused in the FIR namely Moin Akhtar Qureshi and Pradeep Koneru was quashed by the Special Court and High Court respectively however, it subsisted qua Sana.

It was the petitioner's case that he was a businessman and had huge investment in India and for the purpose of his business, he had to often travel overseas.

It was stated that between October, 2017 to October, 2018 he had joined the investigation approximately 9-10 times however, when he was stopped at the immigration at Hyderabad Airport on 25th September, 2019 when he came to know that a LOC had been opened against him.

It was argued that even if the petitioner was required for investigation, the same does not permit the investigating agency to destroy the personal freedom of a citizen.

"The petitioner thus satisfies the test laid down by this Court in Sumer Singh Salkan (supra) as he has neither deliberately evaded arrest nor failed to appear before the Trial Court despite the non-bailable warrants nor has any coercive action been taken against him and he has travelled abroad number of times with the permission of the Court, which concession he did not misuse and therefore there is no justification in continuing with the LOC opened against the petitioner. Hence the respondent is directed to recall its request for opening the LOC against the petitioner," the Court said.

Accordingly, the plea was disposed of.

Title: SHRI SATHISH BABU SANA v. CENTRAL BUREAU OF INVESTIGATION

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