TaxTMI 
TaxTMI 
2026 (7) TMI 1738
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....ein to produce the corpus / petitioner while declaring the detention, arrest, and subsequent remand and custody of the petitioner as unconstitutional, illegal and arbitrary and consequently directing that the petitioner be released forthwith; (ii) to issue a writ, order, or direction in the nature of certiorari setting aside the order dated 08.05.2026 passed by the learned A.C.J.M., Gautam Budh Nagar, in Case No. 288 of 2025 under similar Sections- 318(4), 338, 336(3), 340(2), 345(2), 61(2) B.N.S., 2023 and all consequential proceedings thereof; (iii) to issue any other and further writ, order, or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) to al....
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....nor his son nor the counsel for the petitioner was provided the copy of "soochna patra". By separate remand orders dated 08.05.2026 with reference to FIR No.287/2025 under Section 318(4), 338, 336(3), 340(2), 345(2), 61(2) of BNS, 2023 and with reference to FIR No.288/2025 under similar Sections 318(4), 338, 336(3), 340(2), 345(2), 61(2) of BNS, 2023, the petitioner had been remanded to custody for 14 days i.e. till 21.05.2026. 5. The petitioner who was produced on 08.05.2026 against production warrant and was subject to the Gujarat Police having been arrested on 20.04.2026 hence, the U.P. Police could not have arrested him on the production warrant as he still was in the custody of learned Magistrate at Gujarat. The act of the police is....
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....for the issuance of a PT warrant without delay. If, based on the requirements prescribed under Section 267 Cr.P.C, a PT warrant is issued by the jurisdictional Magistrate, then the accused has to be produced before such Magistrate on the date and time mentioned in the warrant, subject to Sections 268 and 269 respectively of Cr.P.C. Upon production before the jurisdictional Magistrate. the accused can be remanded to police or judicial custody or be enlarged on bail, if applied for and allowed." 8. No notice had been issued ever to the petitioner under Section 35 of the B.N.S.S., 2023 and without issuance of any notice the act of the U.P. Police is in clear violation of the mandate of Section 35(3) of the B.N.S.S and the law laid down by t....
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....ed by the arrestee. 12. Learned A.G.A has filed counter affidavit wherein it has been stated that the petitioner is not a law abiding citizen. He is not residing on the address on record. He has got his companies registered on incorrect addresses. If he is released from jail he will never appear before the court and cooperate with the trial. The memo of arrest containing the grounds of arrest were supplied to the petitioner. It has further been averred that the petitioner was informed about his right to inform his family members / friends and counsel about his arrest and thereafter produced before the court, therefore, no illegality was committed. In paragraph 11 of the counter affidavit, a contrary averment has been made that since the ....
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.... and his bail application have only been rejected by the trial court. 15. We further finds that the petitioner was not named in the F.I.R and his name has surfaced during investigation. He was brought from Gujarat and produced before Magistrate at Gautam Budh Nagar on the basis of B-warrant and therefore the respondents are justifying the arrest of petitioner without informing him about the ground of arrest or furnishing him any copy of grounds of arrest. The grounds of arrest has also not brought on record in the counter affidavit. The petitioner was earlier arrested in Case Crime No. 25342 of 2026, under Sections 132(1), 132(V) of CGST Act and was incarcerating from 20.04.2026 at Central Jail, Sabarmati. Therefore, the present F.I.R ap....