Pawan Kumar vs. Union Of INDIA And Another

Facts

The petitioner, Pawan Kumar, filed a writ petition for a writ of habeas corpus seeking the release of Shiva Sareen from the custody of respondent No. 2. The respondent, GST Commissionerate, stated that the individual in question was arrested on August 27, 2021, in connection with a case involving fraudulent availment of Input Tax Credit (ITC). Subsequently, on September 10, 2021, a regular bail application for the arrested person was dismissed by the CJM Jalandhar. The GST Commissionerate is respondent No. 2, and the Union of India is respondent No. 1.

Held

The Court disposed of the petition as having been rendered infructuous. This was based on the submission by the GST Commissionerate that the petitioner's son was arrested on August 27, 2021, for fraudulent availment of ITC and that his regular bail application was dismissed by the CJM Jalandhar on September 10, 2021. The Court did not delve into the merits of the arrest or the bail application dismissal, accepting the procedural developments as rendering the habeas corpus petition moot. No specific provisions of the GST Act were discussed in relation to the arrest or the bail application.

Key Issues

1. Whether the detention of Shiva Sareen is illegal, warranting the issuance of a writ of habeas corpus under Section 439 of the Code of Criminal Procedure, 1973, and Article 226 of the Constitution of India? The petitioner argued for the release of the detenue, implicitly contending that the custody was illegal. The respondent, GST Commissionerate, argued that the arrest was made in connection with a case of fraudulent availment of ITC. The respondent also highlighted that the regular bail application of the detenue was dismissed by the CJM Jalandhar, suggesting that the detention was legally sanctioned following due process.