2025 (3) TMI 1028

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..... THE PETITIONER : MR P TALUKDAR ADVOCATE FOR : SC TAXES APPEARING FOR THE UNION OF INDIA AND ORS ORDER Heard Mr. T.J. Mahanta, learned Senior counsel assisted by Mr. W.R. Medhi, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Standing counsel, GST. 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner name .....

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..... substantially, and as such, the further custodial detention of the accused/petitioner may not be required. Considering the length of detention and the background of the case, the petitioner may be enlarged on bail. 4. Mr. Keyal, learned Standing counsel, GST has raised strong objection in granting bail to the petitioner. It is submitted that the petitioner has been involved in the fraudulent ava .....

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..... amounting to crores of rupees. Learned counsel for the petitioner prayed to release the accused on bail on the ground of length of detention i.e. 54 days in judicial custody wherein the mandatory period is 60 days. It is not in dispute that the alleged offences are punishable with imprisonment up to a maximum period of 5 (five) years and compoundable in nature. It transpires that the object and t .....

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..... ht on the Government, both central and the State, to realize the revenue whereas penal provision of arrest and detention is only when there is violation of the provision under the statute which is not the intention of the legislature to achieve the fiscal object regardless of the existence of a provision for the arrest of the offender in the Act." 7. Situated thus, as it appears that the petitio .....

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..... rectly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (c) shall not hamper with the investigation, or tamper with the evidence of the case; and (d) shall not commit any such offence as alleged in the FIR in future. 10. Breach of any of the above co .....

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