Petitioner is directed to be released on regular bail on execution of adequate personal/surety bond.
Section 132 of the CGST Act, 2017—Bail -- The petitioner sought for regular bail under Section 132(1)(c) of the act. The counsel for the petitioner submitted that the criminal trial for the offence and the arrest under Section 69, are without jurisdiction. The respondent had arrested the petitioner on the ground that tax was not paid by the suppliers and they had wrongly availed refund of IGST. A liability of Rs. 5.45 crores has been fastened upon him. However, the petitioner has already reversed the entry pertaining to Rs. 2.15 crores and an amount of Rs. 3.30 crores would be the liability. After completion of the investigation, the challan has already been presented and therefore, the petitioner is not required for any further custodial interrogation. The court observed that the investigation is already complete and even the challan has also been presented. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.
Held that:-The Hon’ble Court directed the petitioner to be released on regular bail on execution of adequate personal/surety bond amounting to Rs. 10 lakhs to the satisfaction of concerned trial Court/Duty Magistrate, with certain conditions.
Petitioner is directed to be released on regular bail on execution of adequate personal/surety bond.
Section 132 of the CGST Act, 2017—Bail -- The petitioner sought for regular bail under Section 132(1)(c) of the act. The counsel for the petitioner submitted that the criminal trial for the offence and the arrest under Section 69, are without jurisdiction. The respondent had arrested the petitioner on the ground that tax was not paid by the suppliers and they had wrongly availed refund of IGST. A liability of Rs. 5.45 crores has been fastened upon him. However, the petitioner has already reversed the entry pertaining to Rs. 2.15 crores and an amount of Rs. 3.30 crores would be the liability. After completion of the investigation, the challan has already been presented and therefore, the petitioner is not required for any further custodial interrogation. The court observed that the investigation is already complete and even the challan has also been presented. Therefore, no useful purpose would be served by keeping the petitioner behind the bars.
Held that:-The Hon’ble Court directed the petitioner to be released on regular bail on execution of adequate personal/surety bond amounting to Rs. 10 lakhs to the satisfaction of concerned trial Court/Duty Magistrate, with certain conditions.