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Bombay High Court

ANAND AMARLAL THAKURversusDIRECTORATE OF ENFORCEMENT AND ORS

Decided
Disposal
Allowed

Holding

The court modified the order, extending the travel period to six months, waiving the additional deposit, suspending the lookout circular, and imposing video‑conferencing conditions for any charge framing.

Summary

The applicant, Anand Amarlal Thakur, filed an application seeking modification of a Special Court order under the Prevention of Money Laundering Act, 2002 that permitted him to travel abroad for only one month. He argued that his professional commitments, family circumstances, and his minor son's schooling required a longer stay in Australia, where he holds citizenship. The court examined the material placed on record, including the applicant’s contract with Taxsight Pty Limited and prior cash deposits made at bail. Finding the request prima facie genuine, the court extended the permitted travel period to six months (01.10.2026 to 31.03.2027), waived the additional cash deposit of Rs.2,00,000, and altered related dates and conditions. It also ordered that any charge framing during the travel be attended via video‑conferencing and that the lookout circular against the applicant be suspended for six months. The application was allowed and the modified order was issued.

Issues considered

  • Whether the Special Court's order allowing travel abroad for one month should be modified to a longer period under the PMLA.
  • Whether the additional cash deposit directed by the original order can be waived in view of earlier deposits.
  • Whether the lookout circular against the applicant should be suspended during the extended travel period.
  • What procedural conditions should apply if charges are framed while the applicant is abroad.

Legislation cited

Subjects

  • Prevention of Money Laundering Act
  • travel abroad
  • bail conditions
  • lookout circular
  • video conferencing
  • court order modification
  • cash deposit waiver

Judgment

                                                                                 6.APL.1742.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION


                                CRIMINAL APPLICATION NO.1742 OF 2026

              Anand Amarlal Thakur                             .. Applicant
                         Versus
              Directorate of Enforcement and Ors.              .. Respondents
                                          ....................
               Ms. Priyanka K. Dubey a/w. Mr. Utkarsh M. Shukla, Advocates i/by
                 Hedgehog & Fox LLP for Applicant.
               Mr. Chaitnya Pendse, Advocate for Respondent No.1.
               PC – 3711 – Ramesh Nana Tayade, EOW Thane City.
                                               ...................

                                              CORAM : MILIND N. JADHAV, J.
                                              DATE          : SEPTEMBER 29, 2026
              P.C.:

              1.          Heard Ms. Dubey, learned Advocate for Applicant and Mr.

              Pendse, learned Advocate for Respondent No.1.


              2.          The Applicant has filed the present Application seeking

              modification of the order dated 24.08.2026 passed by the Additional

              Sessions Judge, namely the Special Court under the Prevention of

              Money Laundering Act, 2002 in PMLA Special Case No.1082 of 2021. I

              have heard the submissions made by Ms. Dubey.


              3.          It is prima facie seen that Applicant is a professional involved

              in     business    development     activities,         institutional   engagement,

              technology coordination, software integration discussions, etc. and he

              is also having a contract with a Company called Taxsight Pty Limited,

              which is of fixed term for which he is required to travel abroad and


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more specifically to Australia because he is having Australian

citizenship. His entire family including children live in Australia.


4.        There is substantial material which is prima facie placed on

record by the Applicant under the Memorandum of Grounds in the

Application which when read and juxtaposed with the material placed

on record, prima facie shows that the Applicant’s travel abroad is for

his career prospects as also for the purpose of his genuine family

circumstances as well as to attend the welfare and schooling of his

minor son as well as with regard to remaining in attendance for his

wife’s citizenship which is all required to done and therefore, he had

made an Application to travel to Australia for six months.


5.        The learned Special Court has allowed the said Application,

albeit for a short duration of one month only. After hearing the

submissions and the material placed on record, I am inclined to

consider the request made by the Applicant as I find the said request to

be prima facie genuine in nature. The order dated 24.08.2026 shall

therefore stand modified as under:-


          (i)   Clause No.2 of the operative part of the order is deleted

                shall be substituted and read as follows:-


                “The Applicant - Shri Anand Amarlal Thakur is

                permitted to travel abroad to Australia from 01.10.2026

                to 31.03.2027.”

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         (ii) Consequently, the dates in Clause No.3 are substituted

               and   will   be     read   as   follows:   “01.10.2026     to

               31.03.2027”.


         (iii) In so far as Clause No.6 is concerned, Ms. Dubey

               informs Court that at the time of bail, the Applicant had

               deposited Rs.3,00,000/- and at earlier point of time

               when he was allowed to travel abroad, he had made a

               deposit of Rs.1,00,000/- and therefore the deposit of

               Rs.2,00,000/- which is directed by the impugned order

               be waived. In view of this above, Clause No.6 stands

               deleted and no deposit is required to be made in view of

               earlier deposits.


         (iv) In so far as Clause Nos.7 and 8 are concerned, the date

               ‘23.10.2026’ therein shall be substituted and read as

               ‘05.04.2027’.


6.       The rest of the clauses of the operative part of the order and

the entire order shall remain the same. In addition thereto that at the

request of Mr. Pendse, a further condition is added stating that if the

Special Court frames the charge, in the interregnum, then the

Applicant shall remain present through Video Conferencing for the

purpose of framing the charge and after he returns, he shall sign the

said charge which has been framed in accordance with law.


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                             7.                Needless to state that at least 2 weeks’ notice shall be given

                             to the Applicant by the prosecution to remain present through Video

                             Conferencing about the date of his appearance for framing of charge, if

                             it is so done. Further the Advocate for the Applicant shall ensure that

                             he/she shall remain present before the Special Court if the charge is

                             framed at any point of time, representing the Applicant in Court as also

                             on all dates of hearing.


                             8.                Needless to further state that the Advocate for the Applicant

                             shall not seek any adjournment before the Special Court.


                             9.                This order shall be served forthwith by the Investigating

                             Agency on the Immigration Department to ensure that the lookout

                             circular qua the present Applicant stands suspended for a period of six

                             months as stated in this order and the Applicant shall not be detained

                             and arrested at the airport by the Immigration Officer on the basis of

                             the said LOC. This is made very clear.


                             10.               Criminal Application is allowed and disposed of accordingly.




H. H. SAWANT                                                                 [ MILIND N. JADHAV, J. ]



                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.30
                            10:58:13 +0530




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