Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

November 2026

Deep Kumar Rastogi v. Directorate of Enforcement (Del. HC): Look Out Circular cannot be issued routinely merely due to pending investigation without proof of non-cooperation

By Jagdish Punjabi, Chartered Accountant | Ritu Punjabi, Advocate
Reading Time 4 mins

13. 2026 (10) TMI 314 – Delhi High Court

Deep Kumar Rastogi and Gagan Deep Rastogi v. Directorate of Enforcement

Date of Order: 28.09.2026

A Look Out Circular imposes coercive restraint on the right to travel and the same cannot be issued merely on the basis that the investigation is pending. Concrete material is required to demonstrate non co-operation by the assessee.

FACTS

The Petitioner was summoned on 15.01.2018 pursuant to a complaint dated 26.07.2017 filed by the Serious Fraud Investigation Officer (“SFIO”) under the Companies Act, 1956. In response, the Petitioner appeared before the Special Judge on 22.03.2018, and was allowed on bail. Thereafter, vide order dated 31.10.2019, the Petitioner was granted permanent exemption from personal appearance. The proceedings, however, were pending and had not attained finality.

On the basis of the complaint filed by the SFIO, an investigation was commenced for offence under the Prevention of Money Laundering Act (“PMLA”). In this regard, the Petitioner was summoned from time to time, and appeared on 13.02.2020, 30.12.2025 and 15.01.2026. Thereafter, no further summons or notice was issu

You May Also Like