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Supreme Court of India · 05/12/2022

RATNAMBAR KAUSHIK versus UNION OF INDIA

[2022] 18 S.C.R. 326 · 2022 INSC 1254

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Summary

A man was arrested in July 2022 under Section 132 of the CGST Act. He was accused of clandestinely moving 90,520 kg of raw tobacco from Gujarat to Delhi in seven trucks for unaccounted manufacture of chewing tobacco. The Revenue projected tax and cess of over Rs 15 crore, and said toll data showed 287 more such truckloads. The accused disputed these figures. The Rajasthan High Court refused bail. The Supreme Court granted it without going into the rival figures, which are for trial. Investigation was complete and the charge sheet filed. The maximum punishment was five years, and he had already spent over four months in custody. The evidence was mainly documentary, electronic and from official witnesses, so there was no real risk of tampering.

Issues

  1. Whether bail should be granted to a person accused of GST evasion under Section 132 of the CGST Act after the investigation was complete and the charge sheet filed.

Provisions considered

Held

Result

Special Leave Petition (Crl.) No. 10319 of 2022 allowed; the Rajasthan High Court (Jaipur Bench) order in S.B. Criminal Miscellaneous Bail Application No. 12475 of 2022 set aside, and the petitioner directed to be released on bail on conditions imposed by the trial court, including deposit of his passport.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 326.