AMITKUMAR RAMESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners apprehended detention under PASA in connection with the Complaint filed by the State Tax Department in the Court of the Chief Judicial Magistrate, Ahmedabad under different sub-sections of Section 132 of the Gujarat Goods and Services Tax Act, 2017 and Central Goods and Services Tax Act, 2017 read with Section 120B of the Indian Penal Code.

(2.) In response to the notice of this Court, on 15.06.2021 it was informed to the Court that, atleast one of the petitioners could be detained under PASA. While granting protection in favour of the petitioners, this Court had passed the following order.

(3.) There is no response from the Finance Department of the State of Gujarat to the above quoted query of this Court. Instead, affidavit in replies - all dated 22.07.2021 are filed on behalf of the Gujarat Goods and Services Tax Department, wherein, over and above giving details of the allegations against the petitioners, in the concluding part it is stated that, no proposal is made to detain the petitioners under PASA so far , by the State GST Department.