Home Case Index All Cases GST GST + DSC GST - 2023 (5) TMI DSC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (5) TMI 1016 - DSC - GSTSeeking cancellation of anticipatory bail granted to respondent/accused - Non-compliance with the directions mentioned in the bail order. Deposit of passport with investigating officer - HELD THAT:- On being enquired from the IO about the violation of this condition that if he is having any information with respect to the renewal of old Passport or issuance of any new Passport in the name of the respondent/accused or there being any instances when accused has travelled abroad by using said Passports. The reply to the same has come in negative from the IO. IO has submitted that he has not abled to lay his hand on any such information and he is also not having any details about any such Passport being used by the accused - it cannot be said that there has been any willful concealment from the side of the accused. It is needless to say that no one stops the IO to trace out further evidence in this regard. It is pertinent to mention here that there are no allegations that accused has violated this condition to show any use of such passport. Giving prior intimation to the IO on his mobile phone before leaving the NCR for any purpose - HELD THAT:- The violation of this condition has not been disputed by Ld. Defence counsel. It is submitted by Ld. Defence counsel that on one occasion, due to medical urgency in the family of the accused, he left to Raxaul but at the same time, it has also not been disputed by the IO that on several occasions, in compliance to the notice of the IO, respondent/accused has joined the investigation. On the violation of this condition for once only, warning at this stage would be sufficient to the respondent/accused as the present case has not been the case of repeated violation of any such condition. Engagement in any similar offence or temper with any evidences of influence any witness in the present case - HELD THAT:- On being enquired from the IO about the destruction of the mobile phone and information contained therein, it is submitted that this instance of destruction of evidence is prior to passing the bail order dated 02.02.2023. Nothing of this sort has surfaced or has been alleged against the respondent/accused after passing the impugned bail order - it is clear that no such condition has been violated from the side of the respondent/accused after the grant of anticipatory bail on 02.02.2023. Co-operation in the investigation and appear before the IO as and when summoned and also appear before the Court when called upon to face inquiry - HELD THAT:- On being enquired from the IO about the accused joining the investigation on the above mentioned dates, the IO has admitted that accused has joined the investigation. So when the accused has joined the investigation on several dates and also got recorded his statement, then violation of this condition of non-joining the investigation does not arise and violation of the same has been alleged without any basis. Refund to the Department within 15 days from today - HELD THAT:- It appears that there has not been violation of this condition also. Although nothing bars the department to carry out further investigation in this regard and to justify that actually no refund of Rs. 18 crores has been made by the respondent/accused but on perusal of the record produced by the respondent/accused, which has not been disputed by the department and also in view of the averments made by the parties, this court reaches to this conclusion that there is no violation of condition no. 6 also by the respondent/accused. The applicant department has failed to show any cogent and reasonable grounds for cancellation of bail - the present application stands dismissed being not maintainable.
|