Ankit Bansal S/O Shri Niwas Bansal vs. Union Of INDIA

Held

The Court held that the petitioner's claim of illegal detention from May 31, 2024, to June 3, 2024, was not substantiated. The Court found that the arrest on June 3, 2024, was not illegal, nor were the remand order dated June 3, 2024, and the subsequent remand order illegal. The Court noted that the petitioner's family was informed of his arrest and production before the Magistrate, and the Magistrate had applied his mind before passing the remand order, as evidenced by the order itself stating that there were sufficient grounds for arrest. The Court also observed that the petitioner was produced before the competent Magistrate within the stipulated time. Therefore, the Court concluded that the petitioner was not entitled to any relief for illegal detention or arrest, nor was he entitled to any action against the DGGI officers. The writ petition was dismissed.

Facts

The petitioner, Ankit Bansal, filed a writ petition challenging his alleged illegal detention and arrest by officers of the Directorate General of GST Intelligence (DGGI). The petitioner claims that on May 3, 2024, DGGI officers searched his house and seized documents. He was summoned on May 9, 2024, but could not appear due to illness. He received another summons for June 5, 2024, on May 29, 2024. On May 31, 2024, the petitioner was apprehended along with others at a restaurant. His mobile phone was seized, and he was informed that he was arrested. He was taken to a police station and later to the DGGI office in Jaipur. He alleges he was illegally detained from May 31, 2024, to June 3, 2024, without being informed of the grounds for his arrest. He also claims that his arrest was made on June 3, 2024, and he was produced before the Magistrate on the same day. The petitioner contends that his detention was illegal and violated due process.

Key Issues

The primary issue before the Court was whether the petitioner, Ankit Bansal, was subjected to illegal detention and arrest by the officers of the Directorate General of GST Intelligence (DGGI), thereby violating the provisions of Section 69 read with Section 132 of the Central Goods and Services Tax Act, 2017, and the fundamental rights guaranteed under the Constitution. The petitioner argued that his detention from May 31, 2024, to June 3, 2024, was illegal as he was not informed of the grounds for his arrest, and the subsequent arrest on June 3, 2024, and the remand order passed by the Magistrate were also illegal and passed without due application of mind. The petitioner relied on various Supreme Court judgments concerning illegal detention and the right to be informed of the grounds of arrest. The respondents, DGGI, contended that the petitioner was arrested on June 3, 2024, at 1:00 PM and produced before the Economic Offence Court, Jaipur, at 2:25 PM on the same day. They argued that the petitioner's family was informed of his arrest and production before the court, and the Magistrate applied his mind before passing the remand order, citing Kanti Bhadra Shah v. State of W.B. (2000) 1 SCC 722.