GAURAV BUDHIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this writ application, extraordinary jurisdiction of this Court, as enshrined under Article 226 of the Constitution of India, has been invoked on behalf of the petitioner for declaring his arrest made by the respondent no. 3 in purported exercise of power conferred under Section 13 of the Central Excise Act, 1944 (hereinafter referred to as the 'said Act') as unconstitutional and unlawful, as he in absence of any warrant of arrest, issued by the court of competent jurisdiction, is not competent to arrest a person for contravention of provision of Section 9 of the said Act, as the offences, under the said provision in terms of Section 9A of the said Act, are non -cognizable. At the same time, proceeding of a case bearing CO. No. 1 of 2009, pending in the Court of Sub -Judge -ll -cum -Special Judge (Economic offences), Dhanbad, has also been sought to be quashed, as neither the said proceeding has been initiated on a complaint, as defined under Section 2(d) of the Code of Criminal Procedure nor it has been initiated upon an F.I.R.

(2.) THAT apart, the petitioner through an Interlocutory Application bearing I.A. (Cr.) No. 1170 of 2009 has also sought to quash the order dated 18.5.2009, passed by the Special Judge (Economic Offences), Dhanbad, whereby he directed the prosecution to take out printouts from the Laptop seized in presence of the parties and the petitioner was directed to authenticate the printouts to be taken out from the Laptop failing which his bail bond shall be cancelled.

(3.) MEANWHILE , the petitioner filed a writ application before this Court bearing W.P.(T) No. 5522 of 2008, challenging the search and seizure operation, which was admitted, but the investigation was allowed to be carried out with the cooperation of the petitioner.