Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Deepak Dasgupta
Vs.
Central Bureau of Investigation.
CBI Case No. RC2222023A0002
CBI /AC-IV(VYAPAM) Bhopal
120-B r/w 420 of IPC and Section 13 (2)
r/w 13 (1) (d) of PC Act, 1988
CNR No. DLCT11-000643-2024
Misc. DJ ASJ-285/2024
31.07.2024
Order on an application moved on behalf of
applicant Deepak Dasgupta seeking
cancellation /withdrawal of look out circular and
permission to travel abroad.
1. This order, shall dispose of the application, moved on
behalf of the applicant Deepak Dasgupta, seeking
cancellation/withdrawal of look out circular (herein after
referred as “LOC”) and permission to travel abroad.
2. It is stated that the applicant is aged about 82 years old and
is a permanent resident of Gurgaon, Haryana.The applicant
is also a retired Indian Administrative Service Officer and
has served the Government of Haryana and the Central
Government for almost 37 years. The Applicant has also
been appointed and served as the Chairman of the National
Highways Authority of India, in the rank of Secretary to
Government of India, for over five years. The Applicant
has also been an adviser to the Asian Development Bank
and a member of the Senior Expert Committee of the
IDFC Private Equity Fund and the Special Task Force
(STF) in Bihar.
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3. It is stated that upon retirement from NHAI and in June,
2009 the applicant was invited to join the Board of IL&FS
Transportation Networks Limited, and subsequently, from
September 2009 onwards, he was elected by the Board of
IL&FS Transportation Networks Limited to act as the
Chairman of the Board.
4. It is stated that applicant was a non-executive Independent
Director on the IL&FS Transportation Networks Limited
Board and was not involved in the Company’s operational
day-to-day matters, nor was he holding the key managerial
designation.
5. It is stated that when the applicant returned to India on
30.06.2023 he was stopped by the Immigration Authorities
at IGI Airport, Delhi. But after the intervention and
discussion of the CBI officials with the Immigration
authorities, the applicant was allowed to leave the airport.
It is stated that this incident led the applicant to believe
that an LOC has been issued against him in connection
with the FIR.
6. It is stated that the FIR in this case was register in May
2023, however, the applicant has never been summoned in
the instant case for investigation.
7. It is stated that the bare perusal of FIR also reveals that
the allegations against the applicant are vague in nature
and no criminal offence is made out against the applicant.
8. The applicant/accused seeking cancellation of LOC in his
name in RC2222023A0002, CBI/AC-IV ( Vyapam)
Bhopal, if any, issued by CBI.
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9. It is stated that the applicant intends to travel to the United
Kingdom to meet his sons who are residing there, and only
after suspension/cancellation of the LOC by this Hon’ble
Court, the applicant will be able to take tickets and will
submit the detailed itinerary.
10. After filing of the application, the CBI was called upon to
file reply to the application. Reply has been filed on behalf
of the CBI. Copy supplied.
11.In the reply, CBI has stated that the present case was
registered at CBI, AC-IV, Bhopal on 30.05.2023 u/s 120B
r/w 420 IPC and u/s 13(2) r/w 13(1)(d) of Prevention of
Corruption Act, 1988, on the basis of a written complaint
lodged by Sh. Bhavendra Kumar, Chief General Manager,
Canara Bank, Circle Office, New Delhi. It is alleged in the
complaint that an alleged fraud perpetrated by the
company, M/s IL&FS Transportation Network Limited
(ITNL)
12. It is alleged that M/s IL&FS Transportation Network
Limited (ITNL), is having its registered office at IL&FS,
Financial Centre, Plot C-22, G-Block, Bandra, Kurla
Complex, Bandra (East), Mumbai. The Directors of the
Company, namely Dilip Lalchand Bhatia ( who is the
Chief Financial Officer of ITNL), Sh. Krunakaran
Ramchand, Sh. Mukund Gajanan Sapre and present
applicant Sh. Deepak Dass Gupta, in connivance with
other unknown public servants/bank officials, have
committed a fraud to the tune of Rs. 6524.00 crores during
the period from 2016 to 2018. As there was multiple
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banking arrangement comprising Canara Bank, being the
largest lender besides other 18 bankers/lenders.
13.It is stated that the instant case has been registered on
30.05.2023 and is at initial stage of investigations which
involves collection of voluminous documents from several
lending banks and examination of several witnesses. It is
stated that the investigation has not yet established the
role of the applicant in the alleged fraud committed by the
company and others. The investigation is ongoing and the
role of the applicant remains unestablished. It is stated that
look out circular not be cancelled at this juncture to ensure
the applicant' presence for further proceedings as the
investigation progresses.
14.CBI stated that there is likelihood that the accused persons
may leave the county to evade the investigation / arrest
which could be detrimental to the country’s economic
interest. The LOC was opened in respect of accused
persons including the present applicant through the Bureau
of Immigration.
15.The applicant is yet to appear before the investigating
officer for his examination and to get his version recorded
with regard to his role and allegations in the instant FIR.
Prayer has been made for dismissal of application.
16. I have heard Ld Counsel for the applicant and Ld Sr PP
for CBI and perused the record.
17.Ld Counsel for applicant submits that there is no
apprehension that applicant may at flight risk. It is
submitted that no notice has been issued to applicant so far
to join the investigation of the present case. Even no other
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coercive steps has been taken by the investigating agency
against the present applicant in the present case. It is
submitted that applicant is ready to join the investigation.
18. On the other hand Ld Senior PP for CBI submits that the
investigation in the present case is at initial stage. There
are allegations that M/s IL&FS Transportation Network
Limited (ITNL) and its Chairman namely Sh. Deepak Dass
Gupta, present applicant and Sh. Krunakaran Ramchand,
Sh. Mukund Gajanan Sapre and Dilip Lalchand Bhatia
being the Chief Financial Officer of ITNL, in connivance
with other unknown public servants/bank officials have
committed a fraud to the tune of Rs. 6524.00 crores. The
involvement of applicant/accused has to be ascertained.
19. In response to the objection of CBI that this Court has no
power to direct cancellation or rescind the LOC as charge
sheet has not been filed in the present case and
investigation is still going on. The Ld Counsel for
applicant/accused has submitted that this Court has power
to hear the application in view of judgment of Hon’ble
High Court of Delhi in case titled as Sumer Singh Salkan
Vs Asstt. Director & Ors W.P. ( Crl) No.1315/2008.
20. Ld Counsel for the applicant has placed reliance on the
following judgments:
Pooja Ravinder Devidasani Vs State of Maharashtra
(2014) 16 SCC 1.
Sunil Bharti Mittal Vs. CBI,(2015) 4 SCC 609.
Sumer Singh Salkan Vs Asst. Directors & Ors (2010)
SCC OnLine Del 269
Karti P Chidambaran Vs Bureau of Immigration
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2018 SCC OnLine Mad 2229.
Brij Bhushan Kathuria Vs Union of India & Ors
(2021 SCC OnLine Del 2587)
21. On perusal. The Hon’ble High Court, in reference being
sent by Ld ACMM, Patiala House Court, New Delhi
regarding the guidelines for issuance of Look Out Circular
and for closure of Look Out Circular, has observed in para
No.11 which is as follows:
“A. What are the categories of cases in which the
investigating agency can seek recourse of look-out-
circular and under what circumstances?
B. What procedure is required to be followed by the
investigating agency before opening a Look-out-
circular?
C. What is the remedy available to the person
against whom such Look-out-Circular has been
opened?
D. What is the role of the concerned Court when
such a case is brought before it and under what
circumstances, the subordinate courts can intervene?
The questions are answered as under:
A. Recourse to LOC can be taken by investigating
agency in congnizable offences under IPC or other
penal laws, where the accused was deliberately
evading arrest or not appearing in the trial court
despite NBWs and other coercive measures and
there was likelihood of the accused leaving the
courtny to evade trial/arrest.
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B. The investigating officer shall make a written
request for LOC to the officer as notified byt eh
circular of Ministry of Home Affairs, giving details
& reasons for seeking LOC. The competent officer
alone shall give directions for opening LOC by
passing an order in this respect.
C. The person against whom LOC is issued must
join investigation by appearing I.O or should
surrender the court concerned or should satisfy the
court that LOC was wrongly issued against him. He
may also approach the officer who ordered issuance
of LOC & explain that LOC was wrongly issued
against him. LOC can be withdrawn by the authority
that issued and can also be rescinded by the trial
court where case is pending or having jurisdiction
over concerned police station on an application by
the person concerned.
22.Ld Senior PP for CBI has not refuted the submissions as
made by Ld Counsel for the applicant qua the observations
being made by Hon’ble High Court in Sumer Singh Salkan
case (Supra). So it is not in dispute that this Court has no
power to hear the application.
23.Now the fact which has to be looked into whether the facts
of the case suggest for withdrawal of LOC or can be
rescinded by the Court against the applicant.
24. The facts of the present case revealed that though RC
2222023A0002 CBI /AC-IV(VYAPAM) Bhopal has been
registered and applicant is named as an accused in the
aforesaid RC 2222023A0002. But from the reply filed by
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CBI, it reveals that he has never been summoned for
investigation in the present case so far. The FIR was
registered on 30.05.2023. There is no whisper in the reply
being filed by the CBI showing its apprehension that
applicant is at flight risk. Once the investigating agency
has not issued any notice to the applicant, since
registration of present RC in the month of May, 2023 ie
more than one year back from now and no coercive step
has been taken by the CBI against the applicant. Even he
has not being asked for joining the investigation so far.
The reply revealed that LOC was got opened against the
applicant with an apprehension that applicant may leave
the country to evade the investigation,trial or arrest. The
reply even also reveals that no role of the applicant has
been ascertained in the commission of offence in RC
2222023A0002 . The CBI is having merely an
apprehension that applicant is at flight risk. But no such
substantial fact has been brought by the CBI before this
Court to substantiate its apprehension that applicant is at
flight risk. The applicant is citizen of India and having
permanent residence at Gurgaon, Haryana, India.
25. Considering the totality of the facts, it is directed that let
CBI to get cancel the Look Out Circular issued against
the applicant till it has a real apprehension, on the basis of
facts which may reveal during the investigation, that the
applicant is at flight risk. However the following
conditions will be followed by the applicant:
a) That he shall join the investigation as and when called
upon by the investigating agency/ officer.
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b) That he shall co operate with the investigation.
c) In case applicant wants to travel abroad, he shall
furnish the details of itinerary to the investigating
agency as well as to keep his mobile number on during
journey.
26. So far seeking permission from this Court to visit abroad
is concerned. Since in the present case, charge sheet has
not been filed so far and there is no condition being
imposed by this Court curtailing the right of the applicant
to visit abroad or seeking any prior permission for
travelling abroad. Hence no order is required from this
Court to grant permission to applicant to visit abroad.
27.In view of above, the instant applicant stands disposed of
accordingly.
28.A copy of this order be also sent to Bureau of immigration.
29.Let this order be tagged with the record of FIR.
(Jagdish Kumar )
Special Judge (PC Act) (CBI)-16
Rouse Avenue District Courts
New Delhi/31.07.2024
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