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2022 (4) TMI 812 - DSC - GSTSeeking grant of anticipatory Bail - ready mix material of Pan Masala or Guthka - it has been alleged against the accused that accused supplied huge quantity of ready mix of pan masala and guthka (a banned product) valued in crores of rupees to late Sh. Manoj Kumar Dudhoria without issuance of invoices and received payment in cash - HELD THAT:- It is evident that there is no planning of the arrest of the accused in this case as no approval as such has been taken and even the proposal has not been made to arrest the accused. Moreover, as stated by Ld. Counsel for the accused that accused has once joined the investigation on the notice of the department somewhere in August/September 2021 and thereafter, no notice from the side of the respondent has been issued to the applicant to join the investigation. On being asked from the Ld. Counsel about the immediate apprehension of his arrest, except the apprehension that one of the accused Manoj Kumar Dudhoria has expired and accused may not meet the same fate. There is nothing to show that co-accused was died in the custody and merely having such apprehension without any basis cannot be regarded as apprehension of arrest and moreover department itself is not making any effort to arrest the accused. Thus, no ground for anticipatory bail is made out, hence the application is dismissed.
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