Delhi HC directs CBI to recall LOC against businessman Sana in corruption case
The Delhi High Court Friday directed the CBI to recall the lookout circular LOC issued against businessman Sathish Babu Sana in connection with a corruption case involving meat exporter Moin Qureshi and the probe agencys ex-director A P Singh.Justice Mukta Gupta also directed that Sana will continue to join the investigation as and when directed.
The Delhi High Court Friday directed the CBI to recall the lookout circular (LOC) issued against businessman Sathish Babu Sana in connection with a corruption case involving meat exporter Moin Qureshi and the probe agency's ex-director A P Singh.
Justice Mukta Gupta also directed that Sana will continue to join the investigation as and when directed. The judge said there was no justification in continuing with the LOC as the petitioner (Sana) neither deliberately evaded arrest nor failed to appear before the trial court and did not misuse the concession given to him to travel abroad several times. "Hence the respondent (CBI) is directed to recall its request for opening the LOC against the petitioner. It is further directed that the petitioner will continue to join the investigation as and when directed by the Investigating Officer," the court ordered. ''The petitioner thus satisfies the test laid down by this Court in Sumer Singh Salkan 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,'' it observed. Sana had challenged the LOC on the ground that there was no complaint that he was not cooperating in the investigation, and he was not an accused in the case.
The court was informed by Sana's counsel that LOC issued against Qureshi and businessman Pradeep Koneru, who are allegedly involved in the case, have already been quashed by a trial court and the high court respectively.
He alleged that the LOC issued against him was thus ''unfounded, illegal, mala fide, arbitrary and violates his fundamental rights under the Constitution''.
He also contended that according to a Ministry of Home Affairs office memorandum of 2010 and a high court judgement of the same year, a LOC can be issued only when a cognisable offence under the IPC or other penal laws has been alleged against an accused or if the accused was ''deliberately evading arrest''.
The CBI counsel had contended that Sana's role had come up in the case and the purpose of issuing LOC against him was that he should not leave the country.
The agency had claimed that Sana was required for further investigation and urged the court to direct him to give details of his assets and properties as he wanted to go abroad where he has business.
The FIR, for which Sana was being questioned, was lodged in 2017 by the CBI after the ED and Income Tax department's probe into money laundering and black money allegations against Qureshi allegedly revealed the involvement of senior public servants.
The ED had written a letter to the CBI in this regard and it had in 2017 lodged an FIR against meat exporter Moin Qureshi as well as former CBI director A P Singh and several others.
(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)