Isithore vs. The Senior Intelligence Officer
Held
The Court considered the submission made by the learned Government Advocate (Crl.side) appearing for the respondent police. The submission was that the petitioner had been complying with the condition imposed on him regularly. Based on this submission, the Court found no reason to continue the stringent condition. Therefore, the Court decided to relax the condition that was imposed on the petitioner in CRL O.P(MD) No.838 of 2024 dated 23.01.2024. The ratio of this decision is that if an accused consistently complies with a condition imposed by the court during an investigation, the court may exercise its discretion to relax such conditions, especially when the compliance is confirmed by the investigating agency.
Facts
The petitioner, identified as the sole accused, filed a Criminal Miscellaneous Petition (CRL MP) seeking relaxation of a condition imposed by the High Court in a previous Criminal Original Petition (CRL OP). The condition, imposed on January 23, 2024, required the petitioner to appear before the respondent, the Senior Intelligence Officer of the Directorate General of GST Intelligence (DGGI), Trichy District, daily at 5:00 PM. The DGGI initiated proceedings under Cr.No.DGG1/INV/GST/2247/2023-GRA-O/ODD/DGGI-RU. The respondent, through their counsel, submitted that the petitioner had been complying with the imposed condition regularly.
Key Issues
1. Whether the condition imposed on the petitioner to appear before the respondent daily at 5:00 PM, as per the order in CRL O.P(MD) No.838 of 2024 dated 23.01.2024, should be relaxed? This issue turns on the discretion of the Court based on the petitioner's compliance and the circumstances presented. Petitioner's Argument: The petitioner sought relaxation of the daily appearance condition, implying that continued adherence was burdensome or unnecessary given their compliance. Specific arguments beyond this general plea are not detailed in the judgment. Respondent's Argument: The respondent, represented by the Special Public Prosecutor for GST cases, submitted that the petitioner was complying with the condition regularly. This submission suggests the respondent did not oppose the relaxation if compliance was indeed satisfactory.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.838 of 2024 ISITHORE ... PETITIONER/SOLE ACCUSED
Vs THE SENIOR INTELLIGENCE OFFICER, DIRECTOR GENERAL OF GST INTELLIGENCE, TRICHY DISTRICT. (CR.NO.DGG1/INV/GST/2247/2023-GRA-O/ODD/DGGI-RU) ... RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition to appear before the respondent daily 5.00pm order made in Crl.O.P. (MD)No.838/2024 dt 23.1.2024 in connection with the Cr.No.Crime No.DGG1/INV/GST/2247/2023-GrA-O/ODD/DGGI-RU on the file of the respondent. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PRAGADEESH KUMAR.K., Advocate for the petitioner and of MR.ARUL VADIVEL @ SEKAR, Special Public Prosecutor for GST
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Madras High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.