Miteshbhai Ashwinbhai Patel vs. Navin Chouhan, Intelligence Officer, Director Generate General Of GST Intelligence

CR.MA/8929/2022HC GujaratGSTCNR GJHC24030662202202 June 2022Bench: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI2 pages

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Facts

The petitioner, Miteshbhai Ashwinbhai Patel, filed a criminal miscellaneous application seeking temporary suspension of condition no. 7 imposed by a previous order dated 13.02.2019 in Criminal Misc. Application No. 619 of 2019. The petitioner also sought directions to hand over his passport for travel to Germany and Turkey between 25.05.2022 and 25.07.2022. The respondent was the Intelligence Officer, Directorate General of GST Intelligence. The procedural history indicates that the petitioner's passport had been surrendered on four previous occasions, and on each instance, it was returned within the stipulated time. The amount of Rs. 6,00,000/- was already lying with the trial court as security.

Held

The Court allowed the petition, temporarily suspending condition no. 7 imposed by the order dated 13.02.2019 in Criminal Misc. Application No. 619 of 2019 until 25.07.2022. The reasoning was based on the petitioner's past compliance in surrendering his passport on four prior occasions when its release was permitted. The Court directed the trial court to hand over the passport to the petitioner. As a condition, the petitioner was required to submit his complete itinerary, tour programs, and ticket copies before undertaking foreign travel. The existing security deposit of Rs. 6,00,000/- with the trial court was to be treated as sufficient, with no further deposit required. The petitioner was also directed to surrender his passport back to the trial court on or before 25.07.2022. The Court did not delve into the merits of the underlying case.

Key Issues

1. Whether the condition of surrendering the passport, imposed vide order dated 13.02.2019 in Criminal Misc. Application No.619 of 2019, should be temporarily suspended to allow the petitioner to travel abroad. Contentions: Petitioner: Argued for the temporary suspension of the passport condition to permit foreign travel to Germany and Turkey between 25.05.2022 and 25.07.2022. Relied on past instances where the passport was released and returned within stipulated times, suggesting a pattern of compliance. Revenue/State: No specific arguments recorded in the judgment for the respondent.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

R/CR.MA/8929/2022 ORDER DATED: 02/06/2022 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 8929 of 2022 ========================================================== MITESHBHAI ASHWINBHAI PATEL Versus NAVIN CHOUHAN, INTELLIGENCE OFFICER, DIRECTOR GENERATE GENERAL OF GST INTELLIGENCE ========================================================== Appearance: MR D K TRIVEDI(5283) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1 MS MAITHILI MEHTA APP for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI Date : 02/06/2022

ORAL ORDER

Rule. Learned advocates waives service of rule on behalf of respective parties.

The present petition has been filed for temporarily suspending condition no.7 imposed vide order dated 13.02.2019 in Criminal Misc. Application No.619 of 2019 and also for direction of handing over the passport to the applicant for travelling Germany and Turkey during the period from 25.05.2022 to 25.07.2022. 3. After hearing both the sides including Mr. Utkar

The judgment continues below.

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Reproduced from the public record of the Gujarat High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.