Delhi High Court Restrains CGST From Viewing Seized CCTV Footage Over Privacy Concerns - 2025-09-09

Delhi High Court Restrains CGST From Viewing Seized CCTV Footage Over Privacy Concerns

The High Court of Delhi has intervened in an ongoing dispute between M/s Genesis Enterprises and the Central Goods and Services Tax (CGST) authorities. In a significant interim order, the bench led by Prathiba M. Singh, J, and Shail Jain, J, has prohibited tax officials from accessing or viewing memory cards seized during a recent search operation, pending further judicial review.

The Raid and the Privacy Dispute

The case stems from an investigative raid conducted on July 22, 2025, by the CGST Department, Delhi East, with assistance from the CGST Department, Noida. During this operation, investigators searched the residential premises of the petitioner’s partner, Shri Abhishek Gumber, and seized a variety of electronic gadgets, including hard drives and memory cards.

The petitioner approached the High Court challenging the legality of the seizure. The core of their grievance lies in the inclusion of two memory cards extracted from the residence’s CCTV system. The petitioner contends that these devices contain sensitive, private data of family members, including recordings of female residents, thereby infringing upon the fundamental right to privacy.

Arguments from the Bar

Counsel for the petitioner argued that the seizure was unauthorized and impermissible, as it extended beyond commercial records into the deeply personal spheres of the petitioner’s life. They urged the Court to direct the removal of these devices from the investigative record to protect family privacy.

In response, the counsel for the CGST Department noted that the petitioner has filed multiple, interlinked petitions, emphasizing the complexity of the ongoing investigation. The department requested that the matter be viewed within the broader context of the nine petitions currently filed by the same entity.

Key Observations of the Court

The Court underscored the gravity of the privacy concerns raised, particularly regarding the potential for overreach in search and seizure operations involving residential premises. Key excerpts from the judicial record include:

• "The CCTV footage which is seized would also have private data of the Petitioner and his family as the CCTV was covering private areas of the house."
• "Further apprehension is expressed as the CCTV footage could also have recordings reflecting female members of the family."
• "It is made clear that till the next date of hearing, the CCTV cameras’ memory cards as also any recordings therein shall not be opened or viewed by the CGST Department."

Interim Ruling and Implications

Acknowledging the potential for irreparable harm to the privacy of the occupants, the High Court directed that all petitions filed by M/s Genesis Enterprises be consolidated and listed on September 15, 2025.

Crucially, the Court has placed a strict "hands-off" order on the digital evidence retrieved from the CCTV cameras. By prohibiting the CGST Department from viewing or opening these specific files until the next hearing, the Court has established a protective boundary between investigative necessity and the constitutional right to privacy. The official responsible for the seizure has also been ordered to appear in court to assist in further deliberations.