9911796707
TMI Blog2019 (3) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Court as he is in illegal detention of the respondents. 2. Present petition has been filed on the grounds i). that detenue - Sammy Dhiman was issued certain notices under the provisions of the Central Goods and Services Tax Act, 2017 (for short, "the CGST Act"), to which he had duly responded. He filed Civil Writ Petition No. 13107 of 2018 before this Court for quashing of notice dated 18.05.2018 and the same was withdrawn on 31.05.2018 with liberty to take recourse to the remedies as may be available to him. ii). On 3.7.2018, the detenue was illegally arrested by respondent No. 2 without following the mandatory provisions of the CGST Act and Integrated Goods and Services Tax Act, 2017 and no proper procedure was followed by res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by learned Additional Sessions Judge, Ludhiana. However, at that time, learned Additional Sessions Judge, Ludhiana failed to appreciate that even till the disposal of bail application, respondents No.1 and 2 had not placed on record any such order as required by law despite specific directions issued by learned Chief Judicial Magistrate to that effect. vii). However, on 2.8.2018, respondent No.1 supplied copy of alleged noting/orders passed by Additional Director General (Commissioner). The said order was not signed by the Commissioner and rather the same was countersigned by respondent No.1. 3. On the above grounds, the petitioner filed the present petition for issuance of writ especially in the nature of Habeas Corpus commanding the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer-in-charge of a police station." 5. Learned counsel for the petitioner further contended that the writ of Habeas Corpus would be maintainable if the detention is illegal. On this point, reliance was placed upon judgment from Hon'ble Apex Court in Madhu Limaye and others Vs. State of Bihar, 1969 AIR (SC) 1014, wherein such a view was taken. On the same point, reliance was also placed upon judgment of this Court in Madhu Limaya Vs. The State, 1959 AIR (Punjab) 506, Hon'ble Bombay High Court in Vinod Hinigorani Vs. Securities and Exchange Board of Indian, Mumbai, 2015 (25) R.C.R. (Criminal) 583, 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnection with the offence under investigation, this issue has been considered in the case of Saurabh Kumar through his father v. Jailor, Koneila Jail and Anr., 2014 (3) R.C.R. (Criminal) 856 and Manubhai Ratilal Patel v. State of Gujarat and Ors. 2012 (4) R.C.R. (Criminal) 655 : (2013) 1 SCC 314. It is no more res integra. In the present case, admittedly, when the writ petition for issuance of a writ of habeas corpus was filed by the respondent on 18th /19th March, 2018 and decided by the High Court on 21st March, 2018 her husband Rizwan Alam Siddique was in police custody pursuant to an order passed by the Magistrate granting his police custody in connection with FIR No.I-31 vide order dated 17th March, 2018 and which police remand was to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
