case be filed under GST
Case Title | Shreya Agarwal vs State of Punjab |
Court | Punjab High Court |
Honorable Judges | Justice M S Ramachandra Rao |
Citation | 2022(6) GSTPanacea 241 HC Punjab CRM-M-25558-2022 |
Judgment Date | 16-June-2022 |
Council for Petitioner | Mr. Sandeep S. Majithia |
Council for Respondent | Mr. Karanbir Singh |
The Punjab High Court, Chandigarh bench of Justice M S Ramachandra Rao, has held that petition is allowed and petitioner is ordered to be released on regular bail
GST with respect allegations
FACTS OF THE CASE
Petitioner is seeking regular bail. The petitioner contends that previously another complaint was made in the year 2020 under GST Act making identical allegations to those contained in the instant FIR. The petitioner had approached for regular bail and the petitioner was given concession of regular bail. It is not permissible for the GST Authorities to lodge a second complaint on identical allegations and harass the petitioner.
The respondent stated that the facts of the present case are different and that no FIR was registered in relation to the same occurrence.
GST with respect allegations
COURT HELD
The Court held that the petitioner has been taken into custody again containing identical allegations, the said benefit has been denied by filing a second complaint containing the same allegations. In these circumstances, petition is allowed and petitioner is ordered to be released on regular bail subject to conditions.
GST with respect allegations
ANALYSIS OF THE JUDGEMENT
By noticing the above order we analyse that a concerned person who has opted for bail for a concerned offence cannot be prosecuted for the same offense again.
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