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2021 (6) TMI 157

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..... /s 132(1)(b), 132(1)(c), 132(1)(1)(i) of CGST Act, 2017. Thereafter, he was produced before the Magistrate on 13.11.2020 and was remanded to judicial custody for the above mentioned case. The period of 60 days of custody of the petitioner had expired on 11.01.2021. The investigation of this case file, in which the petitioner was arrested, has not yet completed and still continues to be under investigation. The Directorate has not submitted any investigation report after completion of investigation in the above stated case file before this court till date. The complaint, if any, filed by the said Directorate without completion of investigation is only an effort to mislead this court. The petitioner is entitled to benefit of bail under Sectio .....

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..... bmitted before this court. Hence, non-mentioning of file number in the complaint is of no consequence. Moreover, the averments made in the remand application in this case moved at previous date of hearing mentions the same facts which are now put before this court in the form of the formal complaint after completion of the investigation in the aforesaid file number case. The Ld. Counsel has further submitted at bar that investigation in aforesaid file has been completed and the papers submitted on 11.01.2021 before this court are a result of culmination of investigation in this case. He requests that no right of bail under Section 167(2) Cr.P.C is made out. 5. I have heard the Ld. Counsel for both the sides at length & perused the record v .....

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..... /2018-19 U/s 132(1)(b), 132(1)(c), 132(1)(1)(i) of CGST Act, 2017.   9. This court finds reason in the submissions made by the Ld. Standing counsel for the respondent department. Moreover, it is insignificant that the complaint filed on 11.01.2021 against the present applicant/accused does not specifically mentions that it is filed after the culmination of investigation and in furtherance of the above mentioned file number. The mere fact that this complaint was filed by the complainant department in the above mentioned file number is sufficient to establish that it is indeed filed in response to it and after completion of investigation. 10. For the same reasons it can also not be said that the complaint filed on 11.01.2021 is incompl .....

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