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2022 (9) TMI 933 - GST
Cancellation of Regular Bail - accused is not cooperating in the investigation and not honouring the summons - goods declared as handicrafts leather wallets supplied to NADFA Trading FZE - typographical error in the application or not - HELD THAT:- Considering that there is a typographical error in the title of the application and it is well settled that the Court which grants the bail can cancel the hail, therefore, present application is treated as application U/Sec.437(2) Cr.P.C.
Considering that accused has admittedly not joined investigation pursuant to summons dated 19.04.2022 and 29.04.2022 and admittedly did not drop the Goggle pin location, therefore, has violated condition No.1 and 2 of bail order dated 17.02.2022 of Ld. Predecessor of this Court. Furthermore, since proper reasoning has been given by the department as to why question pertaining to M/s Zam Zam Exim Pvt. Ltd. has been put to the accused and that accused cannot avoid investigation or ignore summons issued by the department for joining investigation by raising grounds now regarding jurisdiction etc. when present application for cancellation of bail has been filed and accused has a right to silence but cannot ignore the summons issued by the department to join investigation especially when accused did not move for quashing of notice/summons himself, therefore, present application is allowed and bail granted to accused vide order dated 17.02.2022 is cancelled.
Therefore, bail bonds of accused is forfeited. Let NBA shall be issued against the accused and notice U/Sec.446 Cr.P.C. to his surety, returnable on 19.09.2022.