Madras High Court has dismissed a petition by lottery dealer Santiago Martin seeking a direction to withdraw a look out notice (LOC) issued by the city police against him in connection with alleged illegal sale of lottery tickets and seizure of Rs 7.70 crore in March 2012.
In a recent order, Justice M Venugopal directed Martin, the second accused in the case, to approach the concerned Police Station or the trial court for cancellation of the LOC issued by the Immigration Officer on October 5, 2012.
The LOC was issued on the request of the Deputy Commissioner of Police CCB Chennai to detain and arrest Martin if he reported for immigration check at any airport, seaport or land entry/exit points in the country.
Challenging this, Martin had moved the high court to direct the Police authorities to withdraw the LOC and not prevent him from travelling abroad and interfering with his freedom of movement.
Martin had obtained bail in the case after police seized Rs 7.20 crore and Rs 50 lakh from the houses of first and third accused here respectively in 2012.
Rejecting a contention of Martin, the Judge said the investigation against the petitioner was pending and since he was to join it, the question of hearing him prior to the issue of NOC did not arise.
Natural justice did not mean that opportunity must be given to the affected at every stage in a given case especially when serious charges had been levelled as against the petitioner.
Directing Martin to co-operate with the police, the Judge asked the latter to file the chargesheet as expeditiously as possible as the LOC cannot be issued periodically for an indefinite period and the same cannot hang on like a Damocle's Sword on an individual's head.
