Jeyasankar.K vs. The Senior Intelligence Officer

WMP(MD)/4412/2021HC MadrasGSTCNR HCMD01021577202112 March 2021Bench: HONOURABLE MR JUSTICE G.R.SWAMINATHAN2 pages
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Facts

The petitioner, K. Jeyasankar, filed a writ petition seeking to quash an arrest memo dated February 17, 2021, issued by the Senior Intelligence Officer, Directorate General of GST Intelligence (DGGI), Madurai Regional Unit, and to be released from judicial custody. Subsequently, the petitioner filed a miscellaneous petition seeking relaxation of conditions imposed in an earlier order (WMP(MD)No.3132 of 2021 in WP(MD).3855 of 2021). The earlier order had directed the petitioner to stay at Madurai and appear before the authority daily at 11:00 a.m. The petitioner's counsel submitted that the petitioner had been complying with these conditions. The current miscellaneous petition sought to modify these conditions.

Held

The Court decided to relax the conditions imposed on the petitioner. Specifically, the requirement for the petitioner to appear before the authority daily at 11:00 a.m. was modified to an appearance every Tuesday and Friday at 11:00 a.m. Furthermore, the condition that the petitioner must reside in Madurai was also relaxed. The Court noted that the petitioner's counsel had stated that the petitioner had been complying with the previously imposed conditions. All other conditions, not expressly modified, were to remain in effect. The miscellaneous petition seeking this relaxation was allowed.

Key Issues

1. Whether the conditions imposed on the petitioner, specifically regarding daily appearance and mandatory residence in Madurai, should be relaxed pending the disposal of the writ petition challenging the arrest memo and seeking release from judicial custody. Petitioner's Contention: The petitioner argued that the conditions imposed, including daily appearance and residence in Madurai, were burdensome and sought their modification. The petitioner's counsel stated that the petitioner had been complying with the existing conditions. Revenue's Contention: The judgment does not record any specific arguments made by the respondents (DGGI and Jail Authorities) regarding the relaxation of conditions. The counsel for the respondents appeared before the court.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Juri iction )

Friday, the Twelfth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN IN WP(MD)No.3855 of 2021 K.JEYASANKAR ... PETITIONER/PETITIONER/PETITIONER Vs 1 THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE GENERAL OF GST INTELLIGENCE MADURAI REGIONAL UNIT, NO.4 SRI LAKSHMI COMPLEX, P AND T NAGAR MAIN ROAD, MADURAI-625 014. 2 THE ADDITIONAL DIRECTOR GENERAL, DIRECTORATE GENERAL OF GST INTELLIGENCE COIMBATORE ZONAL UNIT 155/1 LAKSHMANAN STREET, UKKADAM, COIMBATORE-641 001. 3 THE JAIL SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE JAILOR, MELUR SUB JAIL, MADURAI DISTRICT. ... RESPONDENTS/RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to relax the conditions (i) and (ii) above imposed on the petitioner in WMP(MD)No.3132 of 2021 in W.P.(MD).3855 of 2021 pending disposal of the above Writ Petition.

Prayer in WMP(MD). 3132

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