Giri Ram.J vs. The Superintendent Of GST And Central Excise
Facts
The petitioner, Giri Ram, who is accused no. 1 in O.R. No. 17 and 22 of 2020-2021, filed a petition seeking relaxation of a condition imposed by the Madurai Bench of Madras High Court on June 1, 2021. The original order, passed in Crl.O.P.(MD) No. 6400 of 2021, mandated the petitioner to appear before the respondent, the Superintendent of GST and Central Excise, Headquarters Preventive Unit, Madurai, once every 15 days at 10:30 a.m. until further orders. This current petition, CRL MP(MD) No.12826 of 2022, was filed to modify this reporting condition. The respondent is the State, represented by the Superintendent of GST and Central Excise.
Held
The Court considered the facts and circumstances of the case and the submission made by the learned Government Advocate (Crl.Side) for the respondent. Based on these considerations, the Court decided to fully relax the condition previously imposed on the petitioner. This condition, established on June 1, 2021, in Crl.O.P.(MD).No.6400 of 2021, required the petitioner to appear before the Superintendent of GST and Central Excise, Headquarters Preventive Unit, Madurai, every 15 days. The Court's reasoning appears to be based on a concession or lack of opposition from the respondent, coupled with a general consideration of the case's circumstances. The operative direction is the complete relaxation of the reporting requirement.
Key Issues
1. Whether the condition imposed in Crl.O.P.(MD).No.6400 of 2021, requiring the petitioner to appear before the respondent once every 15 days, should be relaxed. The petitioner argued for the relaxation of the reporting condition, citing the facts and circumstances of the case. The respondent, represented by the Special Public Prosecutor, did not present any arguments against the relaxation. The judgment does not record any specific arguments made by the petitioner beyond a general plea for relaxation based on the case's circumstances, nor does it mention any specific legal provisions or precedents relied upon by either party.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Juri iction )
Thur ay, the Twenty Seventh day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD) No.6400 of 2021 GIRI RAM.J ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE SUPERINTENDENT OF GST AND CENTRAL EXCISE, HEAD QUARTERS PREVENTIVE UNIT, MADURAI. (O.R.NO.17 AND 22 OF 2020-2021) ... RESPONDENT / COMPLAINANT 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 imposed by this Honourable Court that the petitioner shall appear before the Respondent once in 15 days i.e.Morning at 10.30 a.m until furtherorder in Crl.O.P.(MD).
No.6400/2021 dated 01.06.2021 in O.R.No.17 and 22 of 2020 Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.LAJAPATHI ROY.T, Advocate for the petitioner and of MR.C.ARUL VADIVEL @ SEKAR, Special Public Prosecutor on behalf of the Respo
The judgment continues below.
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