Directorate Of Enforcement Director vs. Arun Kumar Mishra

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ITEM NO.7 COURT NO.1 SECTION XVI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Transfer Case (Criminal) No. 3/2018

RAJBHUSHAN OMPRAKASH DIXIT Petitioner

VERSUS

UNION OF INDIA & ANR. Respondents

WITH

T.C.(Crl.) No. 4/2018 (XVI-A) (FOR CLARIFICATION/DIRECTION ON I.A. No. 68510/2019)

Date : 07-05-2019 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE SANJIV KHANNA

For Petitioner

Mr. K.V. Vishwanathan, Sr. Adv.** Mrs. Shally Bhasin, AOR Mr. Prateek Chaddha, Adv. Ms. Madhavi Agrawal, Adv.

Mr. B. Krishna Prasad, AOR

Mr. Nikhil Jain, AOR

Mr. Vikas Mehta, AOR

For Respondents

• Mr. Tushar Mehta, SG
• Mr. Shiv Mangal Sharma, Adv.
• Mr. Rajat Nair, Adv.
• Mr. Kanu Agrawal, Adv.
• Ms. Swati Ghildiyal, Adv.
• Mr. A.K. Sharma, Adv.
• Mr. B. Krishna Prasad, AOR

UPON hearing the counsel the Court made the following O R D E R

I.A. No. 68510/2019 in T.C.(Crl.) No. 4/2018

In view of the previous orders passed allowing

the applicant to travel abroad, we permit the applicant to travel to the United Kingdom, United States of America and France between 9.5.2019 and 21.5.2019 and Germany and Spain between 7.6.2019 and 25.6.2019 subject to the following conditions:-

(i) That the applicant shall file an undertaking before this Court within three days, indicating his flight details and the date of arrival in India.

(ii) If the undertaking is not filed, the applicant shall not be allowed to go abroad.

(iii) After the undertaking is filed and a copy of the same is served on the assisting counsel of Mr. Tushar Mehta, learned Solicitor General, the Passport of the applicant which is in the custody of the Enforcement Directorate, shall be handed over to him, who shall surrender the same after the schedule of visit is over.

(iv) The applicant shall make a deposit of Rs.10,00,00,000 (Rupees ten crores only) before the Secretary General of this Court, which will be returned to him after he comes back to the country.

(v) That the applicant shall not open or close any bank account overseas.

(vi) That the applicant shall not enter into any kind of property transactions abroad.

(vii) If the undertaking is not complied with, the applicant shall face such consequences as may be deemed fit and appropriate.

The application is allowed in the above terms.

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T.C.(Crl.) Nos. 3/2018 and 4/2018 may be listed for final disposal/hearing in the month of August, 2019.

(Deepak Guglani) (Anand Prakash) Court Master Court Master

** No appearance slip in respect of Mr. K.V. Vishwanathan, Sr. Adv. received.