Directorate General Of Gst Intelligence vs. Prakash Chand Golcha, Harish Kumar Baid
(Delhi High Court, Delhi)

Case Law
Petitioner / Applicant
Directorate General Of Gst Intelligence
Respondent
Prakash Chand Golcha, Harish Kumar Baid
Court
Delhi High Court
State
Delhi
Date
Oct 23, 2020
Order No.
CRL.M.C. 1813/2020 and CRL.M.C. 1817/2020
TR Citation
2020 (10) TR 3481
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

1. The hearing has been conducted through Video Conferencing.

2. These petitions challenges the bail order dated 26.08.2020 passed by the learned Additional Sessions Judge, Rohini District Court in Bail Application No.2907/2020 wherein the anticipatory bail was granted to the respondents herein.

3. The impugned order is challenged on the ground the learned ASJ, Rohini had no jurisdiction to pass such order and the jurisdiction lies with the learned ACMM and/or learned ASJ, Patiala House Court.

4. It is further submitted that no notice was issued to the petitioner/department while passing of the bail orders, though the benefit given in the order dated 26.08.2020 expired on 26.09.2020.

5. The anticipatory bail granted to the respondents was further extended till 30.10.2020. It is submitted that again no notice was ever issued to the department.

6. Now since the bail extended till 30.10.2020 is also expiring, hence the learned counsel for the petitioner submits that this petition would in any case become infructuous and as such intends to withdraw the same but seeks a direction to the learned trial court that whenever a fresh application is moved, notice be issued to the department.

7. It is objected to by learned senior counsels appearing on behalf of the respondents.

8. Learned counsel for the petitioner submits he shall move an appropriate application before the learned Additional Session’s Court to apprise him of his jurisdiction and to give notice to the petitioner/department.

9. In view of the above, the petition stands disposed of.

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