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2022 Supreme(Guj) 1755

SONIA GOKANI, MAUNA M. BHATT
Sanjay Mukeshbhai Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR BHADRISH RAJU with MR RUCHIT J VYAS
For the Respondent: MR MITESH AMIN, PUBLIC PROSECUTOR with MS JIRGA JHAVERI, ADDL. PUBLIC PROSECUTOR

JUDGMENT :

SONIA GOKANI, J.

1. The petition is preferred seeking the directions of issuance of writ of habeas corpus for the respondent no.6 – brother of the present petitioner, allegedly illegally confined by the GST Officer – respondent no.2 since 18.03.2022. The respondent no.6 is the real brother of the petitioner and is engaged professionally as tax consultant. He also works in relation to the license. The petitioner and his brother both reside together.

2. It is averred by the petitioner that a raid was conducted by the GST Officers at the residence of one person namely Mr. Bharat Patel situated at Bhaktinagar Society, near IDBI Bank, Gurukul Road, Ahmedabad on 17.03.2022. During the said raid, a laptop was found which had certain material which necessitated calling of the respondent no. 6 on 18.03.2022. The respondent no.6 was called between 2:00 to 3:00 pm at the residence of Mr. Bharat Patel by GST Officers through phone call made by the son of Mr. Bharat Patel.

2.1. The respondent no. 6 when visited Mr. Bharat Patel’s residence, the respondent no.2 along with the GST officers started interrogating him. At 3:48 pm, the respondent no.6 along with several GST officers including

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