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Upholding a trial court’s order quashing the Look Out Circular (LOC) issued against Huawei Telecommunications India Chief Executive Officer Xunwei (David) Li, the Delhi High Court allowed a Chinese national to travel abroad after depositing Rs 5 million.
“Directions regarding the deposit by FDR of the amount of Rs.5 crore withdrawn from a nationalized Indian bank and the forfeiture of that amount in case of non-cooperation and non-appearance as ordered by the trial court should have been imposed to take into account the possibility of the alleged commission of an offense punishable under section 276C(1)(i) of the Income-tax Act, 1969 read with section 278B(1) of the Income-tax Act, 1969, if any, committed by the respondent,” said a single judge, Anu Malhotra, in an order passed in Tuesday.
“The allegations against the petitioner do not relate to any aspect of the respondent’s departure which is prejudicial to the sovereignty, security or integrity of India, nor to bilateral relations with any country, nor to the strategic interests of the country, and they are not advanced. in any way by the applicant that the respondent is potentially likely to commit any act of terrorism or crime against the state or that his departure should not be permitted in the best interest at any given time,” the court said.
He emphasized that “certainly, taking into account the fact that there is no extradition treaty between our country and China, the defendant thus falls under the category of flight risk, but the fact that he allegedly committed only unknown All verdicts, which referred to by the applicant relating to the alleged commission of non-bailable offenses in which the issue of the LOC has been confirmed to the extent that they relate to offences, including those punishable under the Prevention of Money Laundering Act 2002, the Prevention of Corruption Act 1988, of the Central Goods and Services Tax Act, 2017 and non-excludable offenses under the Indian Penal Code, 1860”.