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2023 (3) TMI 1202 - BOMBAY HIGH COURTSeeking Bail - Constitutional Validity of Section 132(1)(b) and (c) of the CGST Act - declaring when to exercise the power under Section 69 of the CGST Act - seeking declaration that the arrest of the Petitioner is illegal - HELD THAT:- The Division Bench passed this order relying on the order passed in the case of Akshay Chhabra V/s. Union of India & Ors. [2023 (3) TMI 488 - BOMBAY HIGH COURT] and Sunil Kumar Jha V/s. Union of India & Ors. [2021 (3) TMI 541 - BOMBAY HIGH COURT], where it was held that the main prayer was for protection from arrest. Therefore, in light of the decision of the NAGPUR CABLE OPERATORS' ASSOCIATION VERSUS COMMISSIONER OF POLICE, NAGPUR AND ORS. [1995 (8) TMI 342 - BOMBAY HIGH COURT] decision, the petitions ought to have been filed as criminal writ petitions. The learned Counsel for the Petitioner states that similar course of action as indicated in the case of Akshay Chhabra, be followed and the Petitioner be allowed to approach the concerned Court in respect of prayer of bail and be continued for some time and, as regard the challenge to the constitutional validity of the Indirect Tax enactment is concerned, the same is not being pressed in the Petition. In the light of the course of action adopted in the case of Akshay Chhabra, the Writ Petition is disposed off directing that the bail granted in this Petition to continue for a period of six weeks to enable the Petitioner to approach the competent court - petition disposed off.
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