Gorav Gupta VS Directorate General of GST Intelligence (Delhi High Court)
The Delhi High Court addressed a petition filed by Gorav Gupta seeking modification of travel restrictions imposed as a condition of his anticipatory bail. Initially, the bail order in 2022 mandated the surrender of his passport and prohibited overseas travel without prior permission. This condition was subsequently modified, requiring Gupta to obtain permission from the trial court, and later, from the Chief Metropolitan Magistrate (CMM) where the complaint was to be filed. The crux of Gupta’s petition rested on the fact that the Show Cause Notice (SCN) issued under the CGST Act had been adjudicated, and the resulting order did not recommend or initiate any criminal prosecution against him. Given the absence of an intended complaint before the CMM, Gupta argued that the travel restrictions were no longer justified and infringed upon his fundamental right to freedom of movement. He sought either a complete removal of the travel restrictions or a modification that would allow him to travel without prior court permission.
The Directorate General of GST Intelligence, represented by Senior Standing Counsel Harpreet Singh, acknowledged the adjudication of the SCN. However, they indicated that an application for filing a complaint against Gupta was pending within the department. While not opposing a modification of the travel restrictions, they suggested that Gupta be required to inform the department of his travel plans. After considering the submissions, the High Court modified the condition relating to overseas travel. Instead of requiring prior permission from the CMM or trial court, the court directed Gupta to intimate the department about his travel plans, along with his contact number and address where he intended to reside. This modification reflects a shift from stringent court-mandated permissions to a system of departmental notification, acknowledging the completion of the adjudication process and the absence of an immediate criminal prosecution. The court disposed of the petition, effectively altering the bail condition to facilitate Gupta’s travel while ensuring the department remained informed of his movements.
