I am British and live permanently in the UK. In November 2009 I traveled to Goa with a housemate who was arrested at the airport for drug trafficking (technically classed as a small amount). I had no knowledge of or any part in this. The British consulate referred him to a legal advocate who advised me to leave India and not return as by association there may be an LOC issued to my passport, particularly because we shared an address, and to which he had previously sent parcels containing drugs - I had also gone to Goa with him 2 years + previously. I don’t know if an LOC was ever issued to my passport or if so whether it is likely to have been renewed? I I hope it is unlikely to have been an international LOC or Interpol red notice but I am concerned that this could have happened? I have been too afraid to travel abroad ever since but I am desperate now to visit my eldest son, and his family, who has lived in China for seven years. I need to know if anything would show up on my passport that would cause any problem at the airport. I need to know if it would be safe for me to travel to China. I cannot find any advice though I have approached many services and would be very grateful for advice.
If any FIR had been filed against st you and you did not cooperate with investigation and non bailable warrant had been issued against you tjen LOC woukd have been issued
you can check with IO whether any LOC has been issued against you
also check with FRRO office whether LoC has been issued
If at all there was any legal action that was taken on you, by now you could got an information about it.
Since you are basically a British citizen, and there are no details about your passport available with the local police there is no possibility for the local police in Goa to implicate you in the case as you apprehend now.
Besides, the LOC is valid only for a year after the date of its issuance.
Since this is not a very major case or heinous crime (because it would have been a case for possessing drugs in small quantity), there can be no LOC or red corner notice.
In my opinion since it is clear that you were advised by an advocate to leave the country then, it is clear that there was no case filed against you, besides it is more than a decade, by now any case pending against the other person also would have been disposed.
Therefore instead of enquiring about the possibilities of LOC or any other pending case against you, it would be better that you undertake your proposed travel to China without fear. There are no possibilities for your passport details to be available in any country's immigration counter.
The LOC will be valid for a period of one year from the date of issue and name of the subject shall be automatically removed from the LOC thereafter unless the concerned agency requests for its renewal within a period of one year.
More information on LOC:
With effect from 1.1.2011, all LOCs with more than one year validity shall be deemed to have lapsed unless the agencies concerned specifically request for continuation of the names in the LOC. However, this provision for automatic deletion after one year shall not be applicable in following cases:
ban-entry LOCs issued for watching arrival of wanted persons which have a specific duration);
loss of passport LOCs ( which ordinarily continue till the validity of the document);
LOCs regarding impounding of passports;
LOCs issued at behest of Courts and Interpol;
In exceptional cases, LOCs can be issued without complete parameters and /or case details against CI suspects, terrorists, anti-national elements, etc. In larger national interest.
In my opinion you do not fall under the above category, hence you can remain fearless. '
- The LOC notice is issued by an officer not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Superintendent of Police concerned at the district level.
- Further, this notice is valid for one year from the date of issue , but if the originating agency wants to increase the period of this notice, it may do so before the completion of one year.
- Further, if this notice issued by a Court and Interpol , then it cannot expire within on year.
- Further, it is mandatory that the accused should be informed for the said notice has been issued against him, but generally an accused person comes to know about such notice only when he/she is stopped or arrested by the immigration authorities at the airport/border etc.
- Further, the I.O. of the case should inform the accused regarding the issuance of the LOC , if the accused not participated in the investigation.
- Since, if there is an LOC issued by the Indian Court or agency and not by the Interpol , then you cannot be stopped or arrested while travelling to China .
- Hence, you can contact the I.O. for knowing the details of the case.
You can check LOC is issued against you or not in the FRRO office and Immigration office.
You need to move for cancellation of loc if any loc of s issued against you
Dear client
I'm sorry to hear about your situation. It's difficult to say for certain whether an LOC or Interpol red notice has been issued on your passport, as the information is not publicly available. The best way to determine this would be to contact the British consulate in India and inquire about the status of your passport. They should be able to assist you in determining if there are any restrictions or alerts on your travel. If there are, they can advise you on the best course of action. If you do decide to travel, it's always best to check with the relevant authorities in advance to ensure that you are aware of any restrictions or requirements.
