Sanjay mukeshbhai Patel VS State of Gujarat  

A petition has been filed requesting the issuance of a writ of habeas corpus for the release of the petitioner’s brother, identified as respondent no.6, who is allegedly being illegally detained by respondent no.2, a GST Officer. The petition claims that this unlawful confinement has been ongoing since March 18, 2022. The petitioner seeks the court’s intervention to secure the immediate release of their brother from this alleged illegal detention by the GST Officer.

The petitioner has filed a habeas corpus petition seeking the release of their brother, respondent no. 6, who they allege has been illegally detained by a GST Officer, respondent no. 2, since March 18, 2022. The detained individual, who is a tax consultant and holds a license, lives with the petitioner.

The case stems from a raid conducted by GST Officers on March 17, 2022, at the residence of Mr. Bharat Patel in Ahmedabad. During the raid, a laptop was found with material that led the officers to summon respondent no. 6 to Mr. Patel’s residence the following day. Respondent no. 6 was contacted between 2:00 and 3:00 pm on March 18, 2022, by Mr. Patel’s son, acting on behalf of the GST Officers.

Upon arriving at Mr. Patel’s residence, respondent no. 6 was interrogated by the GST Officers, including respondent no. 2. Later, at 3:48 pm, respondent no. 6, accompanied by several GST Officers, including respondent no. 2, visited the petitioner’s residence. The officers informed the family that they had a search warrant and authority to conduct a raid. The search lasted until 9:23 pm, during which the officers seized computers, cheque books, and other documents from the residence.

The petitioner has filed a writ of habeas corpus seeking the release of his brother, respondent no. 6, who is allegedly being illegally detained by a GST Officer (respondent no. 2) since March 18, 2022. The detained individual, who is the petitioner’s brother, works as a tax consultant and is involved in activities related to licensing. The petitioner and his brother live together.

The petitioner states that on March 17, 2022, GST Officers conducted a raid at the residence of Mr. Bharat Patel in Ahmedabad. During the raid, a laptop was discovered containing material that led the officers to summon respondent no. 6 to Patel’s residence the next day. Respondent no. 6 was called by Mr. Patel’s son between 2:00 and 3:00 pm on March 18, 2022. Upon his arrival, GST officers, including respondent no. 2, began interrogating him. Later, at 3:48 pm, respondent no. 6, along with the GST officers, visited the petitioner’s residence. They informed the family that they had a search warrant and authority to raid the house. The raid lasted until 9:23 pm, during which the officers seized computers, cheque books, and other documents.

Later that night, the petitioner, accompanied by friends, arrived at the GST office on Ashram Road at around 10:23 pm but was denied entry by the guards. The petitioner attempted to inquire about his brother’s whereabouts through a phone call to the GST officers, using a number from the raiding team. He was informed that his brother had been called to record a statement in connection with the raid at Mr. Patel’s residence and would be released in a few hours. The petitioner was also promised that he would be allowed to speak with his brother. After waiting until 3:00 am without any update, the petitioner returned home.

The following day, on March 19, 2022, the petitioner again visited the GST office but was still not permitted entry and received no information about his brother’s status. He then attempted to contact respondent no. 2 directly via his mobile number, continuing his efforts to locate and secure the release of his brother.

The petitioner has filed a petition seeking a writ of habeas corpus for the release of his brother, referred to as respondent no. 6, who is allegedly being held illegally by a GST Officer, respondent no. 2, since March 18, 2022. The petitioner and respondent no. 6, who is a tax consultant, reside together. The situation began with a raid conducted by GST officers at the residence of a person named Bharat Patel in Ahmedabad on March 17, 2022. During the raid, a laptop was discovered that prompted the officers to summon respondent no. 6 to Bharat Patel’s residence the next day, on March 18, 2022, between 2:00 and 3:00 PM.

Upon arrival, respondent no. 6 was interrogated by GST officers, including respondent no. 2. Later that afternoon, respondent no. 6, accompanied by several GST officers, went to the petitioner’s residence, informing the family they had a search warrant and authority to conduct a raid. The officers seized various items, including a computer and cheque books, before leaving around 9:23 PM.

The petitioner, concerned for his brother’s whereabouts, went to the GST office on Ashram Road later that night but was denied entry by guards. Upon calling the GST officers, he was informed that respondent no. 6 was being questioned and would be released in a couple of hours. However, after waiting until 3:00 AM without any update, the petitioner returned home.

The following day, on March 19, 2022, the petitioner again attempted to gain entry to the GST office but was refused. Despite his efforts, he was unable to obtain any information about his brother. Respondent no. 2 assured the petitioner that respondent no. 6’s statement was being recorded and that he would be released soon. On March 20, 2022, the petitioner delivered clothes for respondent no. 6 to a GST officer at the building’s gate but was still not allowed to meet his brother. The interrogation continued, and the petitioner was repeatedly informed that respondent no. 6’s release was imminent.

The petitioner alleges that respondent no. 6 is being held in illegal custody by the GST authorities. Despite multiple attempts, the petitioner has not been provided with an FIR, arrest memo, or any other relevant document, including a panchnama, which would justify the detention. The petitioner contends that there is no legitimate reason for respondent no. 6’s detention, and the GST officials, along with respondent no. 2, have refused to share any information regarding the custody. The petition includes evidence of phone calls made to the GST officers as part of the supporting annexures.

The petitioner has filed a writ of habeas corpus seeking the release of his brother, referred to as respondent no.6, who is allegedly being illegally detained by GST officers, including respondent no.2, since March 18, 2022. The petitioner’s brother is a tax consultant and was summoned by the GST officers to a residence during a raid. Upon arrival, he was interrogated by the officers. The GST officers later searched the petitioner’s residence, seizing various items, and took respondent no.6 to the GST office on Ashram Road, Ahmedabad, claiming they needed to record his statement.

The petitioner repeatedly tried to contact and meet his brother but was consistently denied access to him and any information regarding his custody. Despite assurances from the GST officers that his brother would be released soon, the respondent no.6 remained detained without any formal arrest documentation, FIR, or panchnama being provided to the petitioner. The petitioner’s attempts to reach other officials also failed, as they were either unresponsive or had their phones switched off.

Due to these circumstances, the petitioner contends that his brother is being held in illegal custody by the GST officers without any legitimate reason or legal process. As a result, the petitioner has approached the court, requesting the immediate production of his brother and an explanation for his detention. The petitioner has also included evidence such as phone call records and CCTV footage to support his claims of the illegal detention.

The petitioner has filed a writ of habeas corpus seeking the release of his brother, identified as respondent no.6, who is allegedly being held illegally by a GST Officer (respondent no.2) since March 18, 2022. The brother, a tax consultant, was summoned by the GST Officers following a raid at the residence of Mr. Bharat Patel on March 17, 2022. During the raid, a laptop containing certain material prompted the GST officers to call respondent no.6 to Patel’s residence the next day for questioning.

When respondent no.6 arrived at Patel’s residence on March 18, 2022, he was interrogated by the GST officers, including respondent no.2. Later that day, the officers accompanied respondent no.6 to the petitioner’s home, conducted a search, and seized various items before leaving. The petitioner then went to the GST office that night but was denied entry and was unable to get any information about his brother’s whereabouts. He was informed that respondent no.6 was being questioned and would be released shortly. Despite waiting until 3:00 am, the petitioner received no further updates and returned home.

On March 19, 2022, the petitioner returned to the GST office, but again was not allowed entry or given information about his brother. He continued to receive reassurances from respondent no.2 that his brother would soon be released. However, on March 20, 2022, the petitioner was informed that respondent no.6 had been formally arrested at 3:00 pm and would be presented before the Chief Judicial Magistrate that evening.

Despite the arrest, the petitioner claims that no FIR, arrest memo, or other legal documents were provided, and he alleges that his brother has been detained illegally since March 18, 2022. The petitioner highlights that attempts to contact his brother or obtain details about his custody were unsuccessful. He also mentions that the GST officers seized various personal items from his brother’s residence.

The petitioner filed the habeas corpus petition, asserting that his brother has been unlawfully confined by the GST authorities without proper legal procedure. He requested the Court to order the production of his brother. During the initial hearing of the petition, the petitioner was informed of his brother’s arrest. The brother was subsequently presented before the Chief Judicial Magistrate, where a 14-day remand was sought by the GST officers.

The petitioner raised concerns about the legality of his brother’s detention from March 18 to March 20, 2022, before his formal arrest and the lack of transparency in the GST officers’ actions. He requested the Court’s intervention to address the alleged illegal detention and ensure his brother’s release.

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