2023 (4) TMI 403 - HC - GST

Seeking interaction with the officers of the respondent, while recording the statements, be videographed - seeking direction to respondents not to harass the petitioners - seeking not insist on payment of any amount by the petitioners during investigation - HELD THAT - Since the petitioners have already expressed that they do not intend to deposit any amount during the investigation, no such deposit would be made by the petitioners or accepted by the respondent without leave of this Court. The learned counsel appearing for the petitioner also requests that the statement of the petitioners be recorded during the business hours. Although no prayer to this effect has been made in this petition, Mr. Harpreet Singh assures this Court that provisions of the Code of Criminal Procedure, 1973 will be followed. Petition allowed.

Summary

Issues involved:
The issues involved in the judgment are related to the conduct of investigation by the respondent department, alleged illegal detention and arrest of the petitioners, and the relief sought by the petitioners regarding videography of statement recording process, prevention of harassment, and no insistence on depositing any amount during investigation.

Investigation Conducted by Respondent:
- The respondent conducted a search on the factory premises of the partnership firm constituted by the petitioners and at their residence.
- The petitioners were taken to the respondent's office and one petitioner was detained, subsequently arrested, and produced before the Court.
- Both petitioners were granted bail and released from judicial custody.

Allegations and Relief Sought:
- The petitioners alleged illegal detention and arrest, and raised concerns about harassment during the investigation.
- The petitioners sought videography of the statement recording process, prevention of harassment, and no insistence on depositing any amount during the investigation.

Response of Respondent's Counsel:
- Respondent's counsel had no objection to the petitioners' request for videography and assured that the investigation will be conducted in accordance with the law.
- The counsel confirmed that there will be no insistence on depositing any amount by the petitioners during the investigation.

Court's Decision:
- The Court allowed the petitioners' requests for videography of statement recording, prevention of harassment, and no insistence on depositing any amount during the investigation.
- The Court directed that no amount would be deposited by the petitioners or accepted by the respondent without the Court's permission.
- The Court also ensured that the statement recording would take place during business hours in compliance with the provisions of the Code of Criminal Procedure, 1973.

Conclusion:
- The Court disposed of the petition and the pending application in accordance with the relief sought by the petitioners, ensuring their rights are protected during the investigation process.