Directorate General Of GST Intellience, Rohtak vs. Satinder Singh Banga And Ors.

Facts

The Directorate General of GST Intelligence (DGGI), the petitioner, filed a petition under Section 482 Cr.P.C. before the Punjab and Haryana High Court. The petition sought to set aside an order dated 06.02.2023 passed by the learned Sessions Judge, Faridabad. This order had granted relief to the respondents, Satinder Singh Banga and others, in a case bearing No. BA/333/20232. During the proceedings before the High Court, the petitioner was questioned about why they had not approached the lower court, which had granted anticipatory bail to the respondents with a specific condition of 7 days' notice before arrest.

Held

The Court did not delve into the merits of the case or the legality of the Sessions Judge's order. Instead, when questioned by the Court regarding the procedural approach, the learned counsel for the petitioner (DGGI) sought to withdraw the present petition. The Court granted this request, allowing the petitioner liberty to take appropriate steps as per law. Therefore, the Court did not decide on the substantive issues related to the anticipatory bail order or the GST matter itself. The petition was dismissed as withdrawn.

Key Issues

1. Whether the petitioner, the Directorate General of GST Intelligence, was justified in approaching the High Court under Section 482 Cr.P.C. to set aside an order granting anticipatory bail, instead of first approaching the Sessions Court that passed the order, especially when the order contained a specific condition regarding notice before arrest? Contentions: Petitioner (DGGI): The petition was filed under Section 482 Cr.P.C. to set aside the order of the Sessions Judge. No specific arguments were recorded regarding the procedural propriety of approaching the High Court directly. Respondents: No arguments were recorded for the respondents.