2026:BHC-AUG:5423-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 885 OF 2025 Kanhaiya Nilambar Jha Age : 38 yrs, occ : service R/o 5, Mohammad Chawal, Golibar Road, Shanti Nagar, Ghatkopar West, Mumbai Petitioner Versus

1. Union of India Through Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi.

2. Principal Commissioner Mr. Pradip Gurumurthy, CGST & Central Excise, Chhatrapati Sambhajinagar

3. Additional Commissioner (Preventive) Mr. Rajkumar Kendre, CGST & Central Excise, Chhatrapati Sambhajinagar

4. The Superintendent (Preventive)

Mr. B.S. Nade, CGST & Central Excise, Chhatrapati Sambhajinagar 5. State of Maharashtra, Through Secretary, Government of Law and Judiciary Dept.

Mantralaya, Mumabi Respondents …

Mr. R.F. Totala, i/b Mr. Vedant Kabra, Advocate for the petitioner.

Mr. A.G. Talhar, DSGI a/w Mr. Pratik Bothari and Ms. Nandini Chittal, Advocates for respondent Nos.1 to 4.

Mr. S.R. Wakale, A.G.P. for respondent No.5-State.

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CORAM : SANDIPKUMAR C. MORE AND Y.G. KHOBRAGADE, JJ.

Reserved On : 19.12.2025 Pronounced on : 05.02.2026 Judgment (Per Sandipkumar C. More, J.) :

1. Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel for the petitioner as well as learned A.P.P.

2. By way of this writ petition, the petitioner Kanhaiya Nilambar Jha, who is posing himself as an Office Boy in M/s Kabsan Services Private Limited, is seeking declaration about his arrest by present respondent No.4 in Case No.1/2025, as null and void. He has also prayed for quashing and setting aside the order dated 21.06.2025 passed by the learned Judicial Magistrate (First Class), Nanded granting his magisterial custody. Consequently, the petitioner has sought direction to respondent No.4 to give him compensation of Rs.

10,00,000/- (Rupees Ten Lakh) towards his illegal arrest.

3. Chronology of the events and background facts as claimed by the petitioner,can be summarised as under :

On 17.06.2025 around 1.00 p.m. GST Officers visited office of one Chartered Accountant Bhavik Bhanushali (Mehta) at Mumbai. Thereafter the petitioner was telephonically called there and taken into custody by these GST Officers without any summons or arrest memo on the same day. Thereafter he was taken out of Mumbai to Chhatrapati Sambhajinagar without informing his family members. On 18.06.2025 the petitioner was brought and illegally detained at CGST and Central Excise Office, GST Bhavan, Chhatrapati Sambhajinagar. He was kept there in the custody without showing any arrest and without producing him before any Magistrate till 20.06.2025. On 20.06.2025 wife of the petitioner approached an Advocate who visited CGST Office and met the petitioner there. According to respondent No.4, petitioner was called since 17.06.2025 for recording his statement as witness. Therefore, advocate of the petitioner e- mailed multiple senior GST officers seeking information regarding basis of custody of petitioner and his expected release. But respondent No.4, in turn, issued threatening reply e-mail by refusing to provide any information. Advocate for the petitioner again sent e-mail reiterating illegality of his detention. However, on 21.06.2025, respondent No.4 shown formal arrest of the petitioner at Nanded under Section 69 of the Central Goods and Services Tax Act (for short, “CGST Act”) and filed Case No. 1/2025 before the learned Judicial Magistrate (First Class), Nanded for the offence punishable under Sections 132 (1)(b), 132 (1)(c) and 132 (I)(i) of the CGST Act. On 21.06.2025 the concerned Magistrate remanded the petitioner in M.C.R. till 03.07.2025. The petitioner, on the same day, filed bail application before concerned Magistrate citing his illegal detention since 17.06.2025. However, after filing say opposing the said bail application, the same was rejected by the concerned Magistrate on 23.06.2025. Then on 26.06.2025, petitioner filed fresh bail application before the Sessions Judge, Nan