Arrest under section 70
Case Title |
Mohmed Hasan Aslam Kaliwala Vs State of Gujarat |
Court |
Gujarat High Court |
Honorable Judges |
Justice Ilesh J. Vora |
Citation |
2022 (7) GSTPanacea 182 HC Gujrat C.S. A 9674 of 2022 |
Judgement Date |
29-July-2022 |
Council for Petitioner |
N.D. Nanavaty Chetan K Pandya |
Council for UOI |
|
Council for State |
Manan Mehta |
The Gujrat High Court bench of Justice Ilesh J. Vora has held that Constitutionally protected liberty must be respected unless detention becomes necessary, the balance approach to grant bail subject to certain conditions rather than to keep an individual under detention for infinite period.
FACTS OF THE CASE
The applicant has been arrested on 17th April 2022 and he moved to bail application to metropolitan magistrate at Ahamedabad and Session Courts, Ahamedabad which is rejected by the courts .
The petitioner is engaged into create fictitious entities and pass ineligible ITC and found in search of HK Metal and Blue Star Trading Co. Conducted at their registered premises. Both the firm are running business in proprietorship and registered in the name of father and mother of petitioner, during search it was found that both the firms were not located in registered address and some other firm was there.
The respondent claims that both the firms have passed ineligible ITC of the tone of Rs. 21 cr without actual supply of goods. Hence the proprietor of these firms have issued summons under section 70 of CGST Act,2017 and arrested during proceedings. The petitioner evaded the investigation apprehended on 17th April 2022. The counsel of petitioner submits that petitioner is ready to deposit Rs. 2crore without prejudice his right just after his release and both the firms have always filed regular returns and have not received any show cause notice. The respondent submits that fraud may be extend if the bail is granted the petitioner may attempt to destroy the evidences
Arrest under section 70
COURT HELD
By taking reference of the case Sanjay Chandra Vs CBI 2012 SSC 40 it was observed that constitutionally protected liberty must be respected unless detention becomes necessary. Hence the will of petitioner considered bonafied for depositing 2 crore within 2 months and incline to release him on bail.
Hence applicant is ordered to be released on bail after executing bond of Rs. 10000 and subject to conditions that he shall submit his passport, shall not take advantage of liberty by misleading the facts, shall not change his residence and so on.
Arrest under section 70
ANALYSIS OF THE JUDGEMENT
The authorities must release the applicant, by the court order if he is not required to be in any other offences.
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