Gold smuggling case: Delhi court directs CBI to suspend LOC against accused
New Delhi, Apr 18 (PTI) A Delhi court has directed the CBI to suspend a look out circular (LOC) against a woman in a gold smuggling case and said it was an “impediment in her free movement”.
On April 1, principal district judge Anju Bajaj Chandna granted relief to one Purnima Gupta, who sought a stay on the circular issued against her.
The case relates to the CBI probe into a smuggling racket allegedly run by a Delhi-based company linked to a noted jewellery group, indicating hundreds of kilograms of gold were brought in the country in 2018-19 by circular trading of jewellery shown as exported for exhibition purpose.
Approximately 50 kilogram of gold jewellery was intercepted at the Indira Gandhi International Airport in 2019 from the “illegal possession” of one of the accused in the case lodged against Gupta, Its My Name Pvt. Ltd., and others.
The judge said there was an order from Delhi High Court in favour of Gupta asking the CBI not to take any coercive steps against her.
She noted that though a chargesheet was filed against her, the cognisance was not yet taken, and a petition was already pending before the high court for quashing the case.
The applicant, though an accused, was not arrested, the judge noted.
“Since the applicant is exempted from joining the investigation by the high court and also her presence is not required before this court in view of the stay order (from high court) on the hearing of the chargesheet…existence of look out circular against the applicant would not serve any purpose and same would be impediment in the free movement of the applicant,” the court added.
The LOC, the court noted, issued against Gupta was “without any basis”.
“The applicant has also got roots in the society and there is no material on record to suggest that she may avoid the process or that she is at flight risk,” the judge said.
The CBI opposed Gupta’s plea and argued she was the director of the accused company, Its My Name Pvt. Ltd, and was major financial beneficiary of its “fraudulent acts by way of dishonest re-import of gold jewellery”.
Gupta, the central probe agency said, did not cooperate in the investigation and could not be interrogated.
If the LOC was cancelled and she was allowed to travel abroad, there was strong apprehension she wouldn’t return for trial, the CBI added. PTI UK UK AMK AMK