Giri Ram.J vs. The Superintendent Of GST And Central Excise
Facts
The petitioner, J. Giri Ram, filed a Criminal Miscellaneous Petition (CRL MP(MD) No.6128 of 2021) before the Madurai Bench of the Madras High Court. This petition sought to relax a condition previously imposed by the Court on June 1, 2021, in Criminal Original Petition (Crl.O.P.(MD) No.6400 of 2021. The condition required the petitioner to appear before the respondent, the Superintendent of GST and Central Excise, Madurai, once every 15 days at 10:30 AM until further orders. The original petition (Crl.O.P.(MD) No.6400 of 2021) was related to O.R. No.17 and 22 of 2020-2021 on the file of the respondent. The respondent is the GST and Central Excise Department, Department of Revenue.
Held
The Court held that the petition seeking relaxation of the condition imposed in the earlier order (Crl.O.P.(MD) No.6400 of 2021, dated 01.06.2021) had no merits. The Court found that the order dated 01.06.2021, which mandated the petitioner to appear before the respondent once every 15 days, did not require any relaxation. Consequently, the petition was dismissed. The Court also noted that it was open to the respondents to file an application for cancellation of bail or any other appropriate relief if the petitioner failed to comply with the existing conditions. The ratio decidendi is that conditions imposed by the court in interlocutory orders, particularly in criminal proceedings involving appearances before authorities, should not be lightly relaxed without substantial grounds, and the court will uphold its previous orders if no compelling reason for alteration is presented.
Key Issues
1. Whether the condition imposed by this Hon'ble Court in Crl.O.P.(MD) No.6400 of 2021, dated 01.06.2021, requiring the petitioner to appear before the respondent once every 15 days, warrants relaxation? Petitioner's Contention: The petitioner argued that the condition imposed by the Court should be relaxed. The specific grounds for relaxation were not detailed in the provided judgment excerpt, but the petition itself was filed for this purpose. Respondent's Contention: The respondent, represented by the Special Public Prosecutor, did not explicitly argue against the relaxation in the excerpt. However, the Court's ultimate decision implies that the respondent's position, or the lack of compelling reasons for relaxation, led to the dismissal of the petition.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Juri iction ) Tue ay, the Seventh day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.6400 of 2021 J.GIRI RAM
... PETITIONER/ACCUSED Vs THE SUPERINTENDENT OF GST AND CENTRAL EXCISE, DEPARTMENT OF REVENUE, HEAD QUARTERS PREVENTIVE UNIT, CENTRAL REVENUE BUILDINGS, MADURAI. (O.R.NO.17 AND 22 OF 2020- 2021) ... RESPONDENT 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 Hon`ble Court that the pertitioner shall appeal before the respondent once in 15 days at 10.30 AM until further orders in Crl.O.P.No. 6400 of 2021 dated 01.06.2021 in O.R.No.17 and 22 of 2020-2021 on the file of the respondent. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.T.LAJAPATHI ROY, Advocate for the petitioner and of Mr.C.ARUL VADIVEL @ SEKAR, Special Public Prosecutor on behalf of the
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