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2019 (12) TMI 1501 - HC - GSTNotification issued by Commissioner of State Tax, Gujarat State - HELD THAT - As this Court is dealing with the petition under Article 226 of the Constitution of India, whereby, a writ of habeas Corpus is prayed for and also taking into consideration the earlier order dated 06.12.2019, we hereby direct the respondent authorities to produce the Corpus Sureshbhai Ghadecha, who is in judicial custody pursuant to Arrest Memorandum No. DCST/ENF2/STO1/ Arrest Memorandum/201920/B. dated 06.12.2019 before this Court on the next date of hearing i.e. on 16th December, 2019. This order is passed in presence of the officer of respondent No.3 Authority. Writ of this order be sent to the Jail Superintendent, Sabarmati Central Jail, Ahmedabad. S.O to 16th December, 2019.
Issues involved:
Petition under Article 226 of the Constitution of India for a writ of habeas corpus. Analysis: The judgment delivered by the Gujarat High Court involved a petition under Article 226 of the Constitution of India, specifically seeking a writ of habeas corpus. The applicant was represented by Ms. Niyati K Shah, while the respondent was represented by Mr. Hardik Soni. The court heard arguments from both sides, with Mr. Shalin Mehta, a senior counsel, representing the petitioner, and Mr. Hardik Soni, an Additional Public Prosecutor, representing the respondents. During the proceedings, Mr. Hardik Soni, on behalf of the respondents, submitted an Affidavit in Reply filed by respondent No. 3, which was accepted and taken on record by the court. It was mentioned that the person in question, Sureshbhai Ghadecha, was lodged in the Central Jail, Sabarmati, Ahmedabad. Additionally, Ms. Niyati K. Shah, representing the petitioner, submitted a photocopy of a Notification issued by the Commissioner of State Tax, Gujarat State, which was also accepted and taken on record by the court. After hearing the arguments from both parties and considering the earlier order dated 06.12.2019, the court directed the respondent authorities to produce Sureshbhai Ghadecha, the individual in judicial custody, before the court on the next date of hearing, which was set for 16th December 2019. The court specifically mentioned that the order was passed in the presence of the officer of respondent No. 3 Authority and instructed that the writ of the order be sent to the Jail Superintendent at Sabarmati Central Jail, Ahmedabad, with the next hearing scheduled for the specified date. In conclusion, the Gujarat High Court, through this judgment, addressed the petition under Article 226 of the Constitution of India, focusing on a writ of habeas corpus and issuing directives regarding the production of the individual in judicial custody before the court for the next hearing.
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