TMI Blog2022 (2) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... auses (a) to (l) and five out of these twelve offences are cognizable and non-bailable in view of Section 132 (5) of CGST Act and the remaining seven offences are non-cognizable and bailable in view of Section 132(4) of the CGST Act. Jurisdiction - HELD THAT:- In exercise of its jurisdiction under Section 482 Cr.P.C. cannot go into the truth or otherwise of the allegations made in the complaint or delve into the disputed question of facts. The issues involving facts raised by the petitioner by way of defence is a matter of investigation/inquiry and the same will have to be adjudicated on merits of the case and not by way of invoking jurisdiction under Section 482 Cr.P.C. at this stage - The parameters of the jurisdiction of the High Court in exercising jurisdiction under Section 482 Cr.P.C, are now almost well-settled. Although it has wide amplitude, but a great deal of caution is also required in its exercise. The requirement is the application of well-known legal principles involved in each and every matter adverting back the facts of the present case, this Court does not find any material on record which can be stated to be of sterling and impeccable quality warranting invo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sts with the courts at Delhi; d) Quash and set aside the Summons dated 07/02/2022 and 02/02/2022 issued against the Petitioner as the same have been actuated with malice; e) Issue appropriate writ(s), order(s) or direction(s) to the Respondents in furtherance of the observations; order(s) and direction(s) issued by the Hon ble Supreme Court inter alia, vide Order dated 02.12.2020 passed in SLP (Crl.) No. 3543 of 2020 titled as Paramvir Singh Saini vs. Baljit Singh Ors. to the effect that all proceedings carried out by Respondent no. 1 2 including those in relation to the recording of statements etc. in terms of the Notice (s)/ Summon (s) issued under Section 50 PMLA in ECIR MBZO-1/66/2021 to be audio/video-graphed in the presence of Petitioner s lawyer at a visible distance (beyond audile range) inter-alia by way of installation of appropriate CCTV cameras. f) Pass any order or further order(s) which your lordship may deem fit and proper in the interest of justice . 2. Issue notice. Learned counsel for respondent no.1, learned senior standing counsel for respondents no. 2 3 and learned senior SPP appears on advance notice and accepts notice 3. The b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner s father, the petitioner received summons dated 02.02.2022 for appearance on 04.02.2022 and another summon dated 07.02.2022 for appearance on 11.02.2022, before Respondent No. 3, DGGI, Ghaziabad Regional Unit. 4. It is vehemently urged by the Ld. senior counsel for the petitioner that the instant petition raises pivotal issues relating to a case of forum-hunting by Senior Intelligence Officer, Director General of GST, Ghaziabad Regional unit (Respondent No. 3) who has not only indulged in abuse of the powers of arrest etc. vested in him but also chosen the jurisdiction of the Court in Meerut when no cause of action arose in the said jurisdiction. It is further submitted that the allegations are made against those companies which are all registered in Delhi as per CGST Act, 2017 and even the list of suppliers that the department is probing, are all registered in Delhi under CGST Act, 2017. It is further submitted that nothing substantial had transpired in the jurisdiction of Meerut and it is alarming as to how, why and under what circumstances, the Respondent No. 3 has chosen the jurisdiction of Meerut when his counterparts in Delhi could have undertaken such inquiry. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incriminating statements, no cogent evidence is available to connect the petitioner or his father with the ongoing investigations. It is further submitted that the petitioner's father was arrested in a high-handed manner and despite the petitioner being medically crippled to undertake even ordinary pursuits of life, having undergone a liver transplant surgery, he is being subjected to a witch-hunt and gross harassment. 7. It is further submitted that the offences under the CGST Act are compoundable and are not serious in nature. It is further submitted that the entire evidence present in the instant case is based on documents and thus, petitioner s custodial interrogation is not required. It is further submitted that the maximum punishment that could be imposed under Section 132 of the CGST Act, 2017 is only an imprisonment for 5 years, apart from fine, thus, as per the scheme of the CGST Act, though the offence is of economic nature yet the punishment prescribed cannot be ignored to determine the heinousness of the offence. It is further submitted that the offences under the CGST Act are not grave to an extent where the custody of the accused can be held to be sine qua non ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectorate General of GST Intelligence (Bail Application No. 3771/2021) Arnesh Kumar vs. State of West Bengal [(2014) 8 SCC 273] Arnab Manoranjan Goswami vs. State of Maharashtra Ors. [(2021) 2 SCC 427] Surinder Kr. Khanna vs. Intelligence Officer, DRI [(2018) 8 SCC 427] Rajinder Arora vs. Union of India Ors. (W.P.(C) 389 of 2010, Order dated 07.12.2010); Sri Prakash Aggarwal vs. Union of India Anr (Crl. Misc. Petition No. 16512/2010 in Writ Petition (Crl.) No. 85 of 2010, Order dated 04.08.2010); Anandprakash Choudhari vs. Union of India Anr. (CRL.M.P. No. 23956 of 2010 in W.P.(Crl) No. 122 of 2010, Order dated 24.11.2010); Mahender Kumar Kundia vs. Union of India Anr. [(2015) 15 SCC 419]; Assistant Director (PMLA) Directorate of Enforcement vs. Gagan Dhawan (SLP (Crl.) D.No. 36376 of 2017, Order dated 13.11.2017); Nilesh Parekh vs. Union of India (W.P.(Crl.) 300 of 2019, Order dated 17.04.2020) 10. On the other hand, it is submitted by the learned senior standing counsel for the respondents that the investigation is at a very nascent stage and the allegations against the petitioner are grave and serious ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sandeep Jain vs. Additional Director DRI (Directorate of Revenue Intelligence) Anr. (W.P.(C) 9561/2019) Sandeep Jain vs. Additional Director DRI (Directorate of Revenue Intelligence) Anr., (Review Pet. 387/2019 in W.P.(C) 9561/2019) Poolpandi and Ors. vs. Respondent: Superintendent, Central Excise and Ors. [(1992) 3 SCC 259] M/S Euphoria Technologies Pvt. Ltd. vs. Directorate General Of GST Intelligence, Delhi Zonal Unit Anr. (Writ Pet. (CRL.) NO. 139/2021) National Building Construction Company Limited vs. Union of India and Ors. [2019[20] G.S.T.L. 515] Indo International Tobacco Ltd. vs ADG, DGGI Ors. (WP (C) No. 2420/2021) cited as [2022 SccOnline Del 90] 12. In Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra Ors., [(2021) SCC OnLine SC 315], in paragraph 64, it is observed and held as under: 64. We have come across many orders passed by the High Courts passing interim orders of stay of arrest and/or no coercive steps to be taken against the accused in the quashing proceedings under Section 482 Cr.P.C. and/or Article 226 of the Constitution of India without assigning any reasons. We have also come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eep Jain vs. Additional Director DRI (Directorate Of Revenue Intelligence) Anr. (Review Pet. 387/2019 in W.P.(C) 9561/2019), in paragraphs 15-18, it is observed and held as under: 15. It is clear that the directions, in Jugal Kishore Samra, were issued in the special facts and circumstances of that case. A reading of the order, dated 16th April, 2012 supra, in Birendra Kumar Pandey, too, reveals that permission, to have an advocate s presence at visible, but not audible, distance, during the recording of the statement under Section 108 of the Act, was permitted because the petitioners, in that case, were apprehensive that coercive attempts could be made to extort confessions from them. 16. No doubt, if a litigant, in a particular case, is able to produce credible material to indicate a real and live apprehension, of the possibility of coercive methods being employed, while recording of his statement under Section 108 of the Act, the court can always permit the presence of an advocate, at visible, but not audible, distance, during the course of recording of the statement. 17. The apprehension of coercive measure being employed is, however, required to be real and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Tax Officers and conferred on them the powers extended throughout the territory of India. 49. Therefore, by way of the above two Notifications, there are Central Tax Officers who are empowered to exercise all-India jurisdiction and those who enjoy the limited territorial jurisdiction. 75. At this stage, however, we may note the submissions of the learned ASG to the effect that all-India jurisdiction can be exercised only by a Central Tax Officer appointed as a proper officer under Notification No. 14 of 2017 dated 01.07.2017. We are not agreeable to such an argument without limitation. In the course of investigating of a tax entity, a situation may arise where the investigation may have to be carried out from entities which are not within the territorial jurisdiction of the Officer appointed under the Notification dated 19.06.2017 and/or such State Notifications appointing an Officer with the limited territorial jurisdiction. It cannot be said that in every such case, the proper officer having limited territorial jurisdiction must transfer the investigation to the proper officer having pan India jurisdiction. In or advisable, and certainly not acceptable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under numerous tax enactments for search and arrest are in effect intended to aid, assist and provide support to their main purpose of levying and collecting the taxes and duties. iv. Passing of any blanket orders without stating reasons would obstruct the investigation and could jeopardize the same. Therefore, such a broad directive is completely unjustified and before passing any blanket order, it is paramount to state the reasons for granting of any such interim relief or protection. 20. Now, coming to the jurisdiction, suffice it to say that the Court, in exercise of its jurisdiction under Section 482 Cr.P.C. cannot go into the truth or otherwise of the allegations made in the complaint or delve into the disputed question of facts. The issues involving facts raised by the petitioner by way of defence is a matter of investigation/inquiry and the same will have to be adjudicated on merits of the case and not by way of invoking jurisdiction under Section 482 Cr.P.C. at this stage. 21. The parameters of the jurisdiction of the High Court in exercising jurisdiction under Section 482 Cr.P.C, are now almost well-settled. Although it has wide amplitude, but a great deal of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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