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Judgment
39 paragraphs · 1,879 wordsDr. Swarana Kanta Sharma, J
CRL.M.A. 15232/2026 (interim suspension of LOC to travel abroad i.e., from 09.06.2026 to 23.06.2026)
The present application has been filed by the applicant/petitioner seeking suspension of the impugned Look Out Circular (LOC) dated 18.12.2020 to enable him to travel to the United Kingdom, the Netherlands and Switzerland during the period from 09.06.2026 to 23.06.2026.
It is the case of the applicant that his visit to the aforesaid countries is necessitated for attending the following professional conferences and events: (i) NHS Confed Expo, scheduled on 10.06.2026 and 11.06.2026 at Manchester Central Convention Complex, Manchester, United Kingdom; (ii) European Healthcare Design, scheduled from 15.06.2026 to 17.06.2026 at the QEII Centre, Westminster, London, United Kingdom; (iii) International Conference on AI-Driven Data Science in Healthcare (ICIADSH-26), scheduled on 16.06.2026 and 17.06.2026 at Amsterdam, Netherlands; and (iv) International Conference on Healthcare Systems and Services (ICHSS-26), scheduled on 20.06.2026 and 21.06.2026 at Geneva, Switzerland.
The learned senior counsel appearing for the applicant submits that the applicant is engaged in running a hospital and that participation in the aforesaid conferences is of considerable professional and business significance. It is further submitted that the applicant has previously been granted permission by this Court to travel abroad on four occasions and, on each such occasion, he had returned to India within the stipulated period while duly complying with all conditions imposed by the Court. Reliance in this regard is placed upon orders dated 20.05.2025, 04.07.2025, 31.10.2025 and 23.03.2026 passed by this Court. It is, therefore, prayed that the applicant be permitted to travel to the United Kingdom, the Netherlands and Switzerland from 09.06.2026 to 23.06.2026. It is also submitted that the applicant is willing to abide by any condition that may be imposed by this Court, including the conditions imposed while granting similar permission vide order dated 23.03.2026.
The learned CGSC appearing for respondent no. 3/SFIO submits that a reply along with a duly attested affidavit has been filed opposing the present application. It is submitted that the present application constitutes the fifth successive request seeking suspension of the LOC within a period of about thirteen months and that repeated permissions granted on similar grounds have, in effect, resulted in the LOC remaining continuously suspended despite the investigation still being underway. It is contended that the LOC dated 18.12.2020 continues to be valid and necessary in the facts of the case. It is further submitted that the applicant has failed to comply with the undertaking recorded in paragraph 13(l) of the order dated 23.03.2026, whereby he had undertaken to furnish certain documents within two days. According to SFIO, the documents subsequently furnished were incomplete and did not conform to the commitments made by the applicant during his examination on 22.01.2026. The learned CGSC further submits that the investigation is presently at a crucial stage. The applicant has already been examined by SFIO and summons dated 21.05.2026 have been issued requiring his appearance on 01.06.2026. It is stated that the documents furnished by the applicant are still under scrutiny and his continued availability remains necessary for the effective completion of the investigation. It is also contended that the proposed itinerary spans multiple cities across three countries and is considerably wider in scope than the travel permissions granted earlier, without any sufficient justification for such extensive travel. It is further submitted that despite repeated requests by the Investigating Officer, complete financial and banking records have not been furnished by the applicant. It is argued that the applicant cannot seek repeated permissions for foreign travel while simultaneously failing to provide documents required for the investigation. It is argued that disclosure of travel plans or an undertaking to share itinerary details cannot substitute the applicant's physical availability whenever required by the Investigating Officer during the course of an active investigation. Lastly, it is submitted that the investigation pertains to serious financial irregularities affecting a large number of investors and, at this stage, the larger public interest in ensuring a fair and unhindered investigation outweighs the applicant's request for further international travel. The present application is, therefore, liable to be dismissed.
Without prejudice to the aforesaid submissions, the learned CGSC further submits that in the event this Court is inclined to allow the present application, the applicant be directed to furnish the following documents/information to respondent no. 3/SFIO:
(i) a company-wise list of Key Managerial Personnel (KMPs), along with their respective roles/responsibilities;
(ii) bank account statements pertaining from 26.03.2004 till date;
(iii) details of Mr. Dinesh Virmani, stated to be the Chief Financial Officer (CFO) of the Alchemist Group; and
(iv) details of the financial transactions undertaken with companies forming part of the Alchemist Group.
In this regard, the senior counsel appearing for the applicant submits that the petitioner herein has been granted permission to travel occasions and he has been cooperating with the investigation.
This Court has heard submissions advanced on behalf of the applicant and the respondent no. 3, and has perused the material on record.
This Court notes that the applicant had earlier been granted permission to travel abroad vide orders dated 20.05.2025, 04.07.2025, 31.10.2025 and 23.03.2026. It is not the case of the respondent no. 3 that the applicant had misused the liberty so granted on any of those occasions. Rather, it is an admitted position that he had returned to India within the stipulated period each time. However, the learned counsel for the respondent no. 3 stated that he had complied with the conditions imposed by this Court which is disputed by the counsel for the applicant.
The applicant has also placed on record details of his flight bookings for travel from Delhi to London and from Zurich to Delhi. He has further filed documents in support of the proposed visit, including invitations and communications relating to the conferences/events sought to be attended by him. The respondent has verified the said documents and does not dispute the existence of the events in question.
This Court also takes note of the observations made in the earlier orders granting similar permission, wherein it was recorded that the applicant's family is settled in Chandigarh and that he has deep roots in society. These circumstances, coupled with his conduct on previous occasions, considerably dilute any apprehension of the applicant being a flight risk.
At the same time, this Court cannot overlook that in its order dated 23.03.2026, while granting permission to travel abroad, it had been recorded that the applicant had undertaken to furnish certain documents to the investigating agency, which had not been supplied till then, and had assured that the same would be furnished within two days. It had also been undertaken that the applicant's counsel, Mr. Harshit Sethi, would accept any summons or notice on behalf of the applicant during the period of his stay abroad. However, it is the case of respondent no. 3 that the applicant had failed to furnish all the required documents, despite giving an undertaking before this Court on the last occasion.
In these circumstances, it is directed that the applicant will furnish the details and the documents to the I.O. concerned so as to cooperate with investigation as one of the conditions of permission to travel abroad.
Having regard to the overall facts and circumstances of the case, including the applicant's past conduct in complying with the travel permissions granted by this Court, this Court is inclined to allow the present application. Accordingly, the applicant is permitted to travel to the United Kingdom, the Netherlands and Switzerland during the period from 09.06.2026 to 23.06.2026 for attending the conferences/events referred to in paragraph 2 of this order.
It is made clear that the applicant shall return to India on or before 23.06.2026. For facilitating the aforesaid travel, the LOC issued against the applicant shall remain suspended during the said period.
However, keeping in view the submissions advanced on behalf of respondent no. 3/SFIO and the requirement of ensuring the applicant's continued cooperation with the ongoing investigation, the permission granted herein shall remain subject to the following conditions:
"a. That if the presence of the petitioner is required with Investigating Officer in connection with any further investigation during the travel period, he shall return to India and join the investigation within 48 hours of receiving the information in this regard from the Investigating Officer through WhatsApp or Email or any other mode of communication;
b. That he shall inform the Court about his arrival back in India within 24 hours of his return;
c. The petitioner shall not under any circumstances request for extension of duration of stay in abroad;
d. That he shall furnish before the Ld. Registrar General of this Court a fixed deposit receipt in the sum of Rs. 25 lacs as a security for his timely return to the country and for joining the ongoing investigation of the case within the given time or on being urgently summoned during the above said period.
e. In addition to the above, he shall also furnish before the Ld. Registrar General a personal bond of sum of Rs. 25 lacs with a surety of the like amount for his timely return to the country or on being urgently summoned for the purpose of investigation during the above said period.
f. During the aforesaid period, he shall not enter any transaction in respect of his relinquishment, etc of interests in the movable or immovable properties like shares and securities etc. except with the permission of this Court.
g. He shall not apply for the citizenship of any other country nor shall renounce his Indian citizenship during the said period without permission of the Court.
h. That prior to leaving the country, he shall finalize his travel itinerary and shall file on records the complete details of the flights, the places of his stay abroad and also his contact number there and a copy of his details shall also be simultaneously furnished to the respondent.
i. That he shall duly furnish before this Court an undertaking on a stamp paper of appropriate value for the compliance of the above conditions and also contain a clause that in case he violates any of the above conditions intentionally, then the amount of the above FDR as well as surety bond furnish before this Court shall stand forfeited to the Government of India and can be recovered as per law.
j. While being abroad, the petitioner shall not make any attempt to influence anybody connected with the investigation or tamper or destroy the evidence of the case.
k. Mr. Harshit Sethi, the learned counsel for the applicant will accept any notice/summon, if issued by the respondent, on behalf of the applicant while he is abroad.
l. The applicant herein or anyone on his behalf will provide the relevant documents, already sought by the investigating agency from him, prior to travelling abroad."
The concerned Investigating Officer is directed to communicate the present order to the concerned authorities including FRRO.
List before the learned Joint Registrar (Judicial) for completing the formalities tomorrow, i.e. 04.06.2026.
The application stands disposed of in the aforesaid terms.
W.P.(CRL.) 709/2025
List on 27.08.2026.
The judgment be uploaded on the website forthwith.
