Sivakumar.T vs. The Superintendent Of CGST And Central Excise
Held
The Court did not delve into the merits of the case. Upon being informed by the petitioner's counsel that he had instructions to withdraw the writ petition, the Court recorded this submission. Consequently, the Court dismissed the writ petition as withdrawn. No costs were imposed. The connected miscellaneous petitions were also closed.
Facts
The petitioner, T. Sivakumar, filed a writ petition before the Madurai Bench of the Madras High Court challenging an arrest memo dated August 2, 2021, issued by the Superintendent of CGST & Central Excise, and a consequent remand order dated August 2, 2021, passed by the Additional Chief Judicial Magistrate, Madurai. The petitioner sought to quash these orders and direct his release from the custody of the Superintendent of Sub-Jail, Uthamapalayam. The respondents were the Superintendent of CGST & Central Excise, the Commissioner of CGST & Central Excise, and the Superintendent of Sub-Jail.
Key Issues
The primary issue was whether the arrest memo and the subsequent remand order were legally sustainable. The petitioner sought to quash these orders and secure his release. The court had to decide on the validity of the actions taken by the CGST authorities and the judicial magistrate. The petitioner's counsel, on instructions, sought to withdraw the writ petition. The respondents were represented by their respective counsel.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2021 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR and W.M.P.(MD)No.11218 and 11219 of 2021 T.Sivakumar ... Petitioner Vs. 1.Superintendent of CGST & Central Excise, Headquarters Preventive Unit, Central Revenue Buildings, 4, Lal Bahadur Shastri Marg, Bibikulam, Madurai 625 002. 2.The Commissioner of CGST & Central Excise, Central Revenue Buildings, 4, Lal Bahadur Shastri Marg, Bibikulam, Madurai 625 002. 3.The Superintendent of Sub-Jail, Uthamapalayam Sub-Jail, Uthamapalayam, Theni District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Arrest memo bearing CBIC-DIN- 20210859XO0000515157 dated 02-08-2021 issued by the 1st Respondent and consequent remand order No.Nil dated 02-08-2021 passed by the Additional Chief Judicial Magistrate, Madurai and quash the same and consequently direct the 3rd Respondent to set the petitioner at liberty.
For Petitioner : Mr.G.Natarajan For Respondents : Mr.C.Arul Vadivel @
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