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2020 (12) TMI 624

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..... posited a sum of ₹ 75 Lacs during the course of investigation - Considering the facts and circumstances of the case, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant. The applicant is ordered to be released on regular bail - Application allowed. - R/Criminal Misc.Application No. 18320 of 2020 - - - Dated:- 10-12-2020 - Honourable Ms. Justice Gita Gopi For the Applicant(s) : Mr A A Zabuawala, Mr Hasit Dave For the Respondent(s) : Mr Ankit Shah, Mr Pranav Trivedi, Addl. Public Prosecutor ORAL ORDER RULE. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent State. 1. This application has been .....

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..... has decided to forego its rights over the brand name. The product manufactured and processed by the applicant are covered as exempted goods in the notification of the Department. It is further contended that the issue in question is a fiscal matter and has to be adjudicated upon by the Department, for which the jail custody of the applicant is not warranted but in spite of that the applicant has deposited ₹ 75 Lacs during the course of investigation. Further, the applicant has also not availed the benefit of Input Tax Credit. If at all the applicant has to pay any penalty, it could be done after proper adjudication. It was, accordingly, urged that the present application may be allowed and the applicant herein may be released on re .....

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..... s Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the concerned trial court; [e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court; 6. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release th .....

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