Interim custody order: appellate interference declined where investigation cooperation made further custody unnecessary

Appellate interference with an interim custody order was unwarranted where the respondent had cooperated with the investigating authority and the purpose of custody for interrogation had substantially been achieved. The Court held that the correctness of the arrest and the merits of the pending writ petition concerning the GST enquiry were matters for the Single Judge, and appellate intervention at that stage could prejudice the parties' contentions. An earlier Supreme Court order was found inapplicable on the facts, and the existing interim arrangement was sufficient to protect the appellant's interests. The interim order directing release on interim bail was allowed to stand.

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Issues: Whether interference was warranted with the interim order directing release of the respondent on interim bail pending the writ petition.

Analysis: The appeal challenged only an interim order passed in a writ petition concerning a GST enquiry. The respondent had cooperated with the investigating authority, and the purpose of custody for interrogation had substantially been achieved. The Court also noted that the correctness of the arrest and the merits of the writ petition were matters for the learned Single Judge to decide, and interference at the appellate stage could prejudice the parties' contentions in the pending writ proceedings. The earlier order of the Supreme Court in an identical situation was found inapplicable on the facts, and the interim arrangement already protected the interests of the appellant.

Conclusion: Interference with the interim order was not warranted, and the interim relief in favour of the respondent was allowed to stand.

Ratio Decidendi: Appellate interference with an interim custody order is unwarranted where the respondent has cooperated with investigation, the custody objective is substantially achieved, and the merits of the pending writ petition are left for determination by the first-instance court.

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