Facts of the Case

Mohammed Ashraf Ali filed Criminal Petition No. 9044 of 2023 under Sections 437 and 439 Cr.P.C. before the Telangana High Court, seeking bail pending trial in C.C. No. 120 of 2018 before the Special Judge for Economic Offences, Hyderabad.

The respondent, the Superintendent of Customs (Preventive), functioned out of the Customs Commissionerate located at GST Bhavan, Basheerbagh, Hyderabad — GST Bhavan being simply the name of the building housing various tax and customs offices.

When the matter came up for hearing, counsel for the petitioner sought the Court's permission to withdraw the criminal petition.

Issues Involved

  1. Whether the petitioner should be permitted to withdraw his bail petition.

Petitioner's Arguments

  • The petitioner's counsel sought permission to withdraw the criminal petition, without pressing the substantive bail application further at that stage.

Respondent's Arguments

  • No opposing submissions are recorded; the Special Public Prosecutor represented the respondent Customs authority.

Court Order / Findings

  • The Court granted permission for withdrawal and dismissed the criminal petition as withdrawn, closing any pending miscellaneous applications.

Important Clarification

This order records nothing beyond the withdrawal of a bail application in an ongoing Customs prosecution — it decides no legal question. The 'GST Bhavan' reference is purely the name of the building where the Customs office is located and has no bearing on any GST matter.

Sections Involved

  • Customs Act, 1962 — the statute underlying the Customs prosecution referenced (C.C. No. 120 of 2018).
  • Code of Criminal Procedure, 1973 — Sections 437 and 439, under which bail was originally sought.

Decision – In Favour of

Disposed of as withdrawn at the petitioner's own request — no decision on the merits of his bail plea was rendered.

Case Details

  • Court: High Court for the State of Telangana at Hyderabad
  • Case No.: Criminal Petition No. 9044 of 2023
  • Coram: Justice K. Surender
  • Date of Order: 22 September 2023

Link to Download the Order

Click here to view/download the full order

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