LOC A Coercive Measure, Can Be Issued To Ensure Surrender Of A Person Evading Summons Or Arrest: Delhi High Court

The Delhi High Court has reiterated that a look out circular (LOC) is to be issued in such cases where the accused is deliberately evading arrest or summons or where he fails to appear in a court despite issuance of non-bailable warrants.

"An LOC is a coercive measure to ensure that a person surrenders and interferes with petitioner's right of personal liberty and free movement. LOC is to be issued in cases where the accused is deliberately evading summons/arrest or where accused fails to appear in Court despite issuance of Non-Bailable Warrants," Justice Anoop Kumar Mendiratta observed.

The court made the observation while quashing an LOC against the petitioner Mohd Kashif, who was being investigated by the customs department. It permitted him to leave for Dubai for a period of three months.

Kashif's counsel had earlier argued that the LOC was wrongly opened since the investigation in the case against him was already over and that he was no longer required for the purpose of investigation.

It was also submitted that Kashif is required to return to Dubai, failing which he could lose his job and his NRI VISA will become liable to be cancelled. The court was told that a period of six months after his arrival in India expires on October 29.

Kashif's counsel also clarified that no FIR stands registered against him except for the adjudication proceedings initiated by the Customs Department, adding that investigation in the same has been completed. The proceedings are pending merely for passing of the order by competent authority and the petitioner is represented there through counsel, the court was told.

On the other hand, the Additional Commissioner of Customs submitted that during investigation of a case pertaining to smuggling of about 7.790 kgs of Gold through baggage at IGI Airport, it was found that Kashif had smuggled six kgs Gold in the past with the assistance and aid of two others.

After Kashif failed to join the investigation despite repeated summons issued against him in July and December last year, the Deputy Commissioner (Immigration) was requested to open LOC against him by the competent authority.

Thereafter, the Bureau of Immigration vide letter dated October 14, 2021 informed that LOC against Kashif had been opened.

However, the court was also apprised that after the LOC was reviewed by the competent authority, the issuing authority was recommended to withdraw the same vide letter dated September 30, 2022.

The prayer for quashing of LOC was not opposed by Custom authorities since the recommendation of its withdrawal was already made to the concerned authority.

"In the facts and circumstances, the LOC issued against the petitioner is hereby quashed and the order dated 17.08.2022 passed by learned CMM is set aside," the court ordered.

Title: MOHD KASHIF v. UNION OF INDIA & ORS.

Citation: 2022 LiveLaw (Del) 993

Click Here To Read Order