Shadab Malik Through Its Pairokar Mohd Javed vs. Director General Of GST Intelligence & Ors.

Facts

The petitioner, Shadab Malik, through his representative Mohd Javed, filed a writ petition before the Delhi High Court under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petition challenged the legality and constitutionality of the petitioner's detention and arrest. The respondents were the Director General of GST Intelligence and others. The petitioner sought a declaration that his detention and arrest were illegal and unconstitutional. The case was listed for hearing before the Hon'ble Ms. Justice Neena Bansal Krishna.

Held

The Court noted that the learned counsel for the Petitioner sought permission to withdraw the present petition. This request was made on the grounds that the Petitioner had already been granted Regular Bail by the Courts at Pune. Consequently, the Court permitted the petition to be withdrawn. The liberty as prayed for by the petitioner was granted. All pending applications, if any, were also disposed of. The specific grounds for the illegality or unconstitutionality of the arrest and detention, which were the subject of the writ petition, were not adjudicated upon by the Court due to the withdrawal of the petition. The Court did not make any findings on the merits of the case.

Key Issues

1. Whether the detention and arrest of the petitioner are illegal and unconstitutional, as contended by the petitioner. The petitioner argued that his detention and arrest were in violation of constitutional provisions. The respondents' arguments are not recorded in the judgment. The court had to decide on the validity of the petitioner's arrest and detention. The relevant legal provisions under challenge are Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.