TMI Blog2019 (3) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... IA], writ of Habeas Corpus under Article 226 of the Constitution of India shall not be maintainable when a person is in custody on the basis of orders passed by a Court of competent jurisdiction. As regard to passing of reasoned order under Section 69 of the CGST Act, copy of the order has been placed on the file and the said order was passed by the competent authority in this case and on that ground, the present writ petition is not maintainable. Petition dismissed being not maintainable. - CRWP-684-2018 (O&M) - - - Dated:- 6-3-2019 - MR SHEKHER DHAWAN, J. For The Petitioner. : Mr. N.S.Shekhawat, Advocate For The Respondent : Mr. Chetan Mittal, Senior Advocate, with Mr. Sunish Bindish, Advocate And Mr. Ajay Pal Singh Gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act that respondent No.2 has not followed the mandatory provisions of law. iv). On 11.7.2018, the detenue moved application for bail before learned Chief Judicial Magistrate, Ludhiana and all the pleas regarding illegality of the proceedings were taken, but learned Magistrate dismissed the bail application on 17.7.2018 while overlooking all the provisions of law. v). Vide order dated 18.7.2018, learned Chief Judicial Magistrate, Ludhiana observed that order passed by Additional Director General (Commissioner) to the Intelligence Officer, respondent No.2 were not produced during the course of hearing and it was claimed that the same were confidential report, but nothing was placed on the file of the Court. vi). The detenue moved app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder:- (1) Where the Commissioner has reasons to believe that a person has committed any offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) of section 132 which is punishable under clause (i) or (ii) of sub-section (1), or sub-section (2) of the said section, he may, by order, authorize any officer of central tax to arrest such person. ( 2) Where a person is arrested under sub-section (1) for an offence specified under subsection (5) of section 132, the officer authorized to arrest the person shall inform such person of the grounds of arrest and produce him before a Magistrate within twenty-four hours. ( 3) Subject to the provisions of the Code of Criminal Procedure, 1973, ( a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ors. Vs. Tasneem Rizwan Siddiquee, 2018 (5) R.C.R. (Criminal) 767 and Kanu Sanyal Vs. District Magistrate, AIR 1974 SC 510. 7. Learned senior counsel representing respondents No.1 and 2 also contended that reasoned order had already been passed by the Commissioner and there is absolutely no illegality in the proceedings and as such, the present writ petition is liable to be dismissed. 8. Having considered the submissions made by learned counsel for the parties and appraisal of record of this case, this Court is of the considered view that as per view taken by Larger Bench of Hon ble Apex Court in Tasneem Rizwan Siddiquee's case (supra) , writ of Habeas Corpus under Article 226 of the Constitution of India shall not be maint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during investigation of a criminal case. Resultantly, no writ of habeas corpus could be issued. xx xx xx xx 11. Suffice it to observe that since no writ of habeas corpus could be issued in the fact situation of the present case, the High Court should have been loath to enter upon the merits of the arrest in absence of any challenge to the judicial order passed by the Magistrate .. 9. As regard to passing of reasoned order under Section 69 of the CGST Act, copy of the order has been placed on the file and the said order was passed by the competent authority in this case and on that ground, the present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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