2023 (1) TMI 286 - DSC - GST

Seeking grant of Bail - illegally claiming Input Tax Credit (ITC) on the basis of false invoices, without there being any actual physical receipt of goods - bogus and fake invoices - HELD THAT - No blanket ban can be put on bail merely because a person has been accused of an economic offence. In the present matter, applicant is in custody since 01.12.2022. The report submitted by the prosecution demonstrates that investigation qua the accused already stands concluded. Prosecution has already recorded the statement of the concerned persons including the transporters. The relevant documents have been collected. The fact that custodial interrogation of the accused is not warranted is evident from the fact that the prosecution never moved any application for the same. Prosecution has opposed the bail application on the ground that there is likelihood that accused would try to influence the transporters, whose statements have been recorded. The bail cannot be refused merely on the apprehension that accused would try to influence the transporters, more so, when no grounds for further custodial detention are made out. It is a settled law which has been reiterated by the Apex Court in number of judicial pronouncements that the purpose of custody of an accused is only to aid investigation. The custodial detention is not to be used as a tool for pre-trial punishment. Since, the custody of the accused is no longer required for aiding the investigation, therefore, no ground is made out for keeping him further detained in custody. Since, the custody of the accused is no longer required for aiding the investigation, therefore, no ground is made out for keeping him further detained in custody - the applicant/accused Jagdish Rai Bansal is admitted to bail subject to conditions stipulated. Bail application allowed.

Issues Involved:
1. Legality of the arrest and remand of the accused.
2. Validity of the order dated 15.12.2022 extending judicial remand.
3. Consideration of bail application under Section 439 Cr.P.C.
4. Compliance with guidelines issued in Arnesh Kumar's case.
5. Impact of the alleged economic offence on bail consideration.

Detailed Analysis:

1. Legality of the arrest and remand of the accused:
The prosecution alleged that the accused created four proprietorship concerns to illegally claim Input Tax Credit (ITC) based on false invoices without actual receipt of goods, causing a loss of Rs.19.67 crores to the government. The accused was arrested on 01.12.2022, and during searches, substantial cash and invoices were recovered. The prosecution argued that the arrest was legal and followed all mandatory guidelines, including obtaining the Commissioner's approval. The defense contested the legality of the arrest, citing non-compliance with the guidelines in Arnesh Kumar's case and argued that the investigation was already concluded, making further detention unnecessary.

2. Validity of the order dated 15.12.2022 extending judicial remand:
The defense challenged the order dated 15.12.2022, arguing that the ACMM failed to independently satisfy the grounds for further detention and mechanically relied on the prosecution's report. The court noted that the ACMM did not comply with the mandate in Arnesh Kumar's case, which requires the Magistrate to record satisfaction before extending remand. The order lacked independent assessment and was based on a prima facie case rather than a detailed evaluation of evidence.

3. Consideration of bail application under Section 439 Cr.P.C.:
The defense argued that the ACMM wrongly dismissed the bail application by misapplying legal principles, emphasizing that economic offences should not be treated differently from other offences. The court examined precedents, including Anil Mahajan Vs. Commissioner of Customs, which stated that bail should not be withheld as punishment and that economic offences do not automatically warrant denial of bail. The court also referenced Tarun Jain Vs. Directorate General of GST Intelligence, which highlighted that the punishment under the CGST Act is not severe enough to mandate custody.

4. Compliance with guidelines issued in Arnesh Kumar's case:
The court found that the ACMM did not adhere to the guidelines in Arnesh Kumar's case, which require the Magistrate to ensure that grounds for detention exist and to record satisfaction independently. The ACMM's order extending remand was found to be mechanical and lacking in independent assessment, thereby not complying with the established legal standards.

5. Impact of the alleged economic offence on bail consideration:
The court reiterated that economic offences, while serious, do not automatically preclude bail. The object of bail is to ensure the accused's presence at trial, not to serve as pre-trial punishment. The court noted that the investigation was largely concluded, and the prosecution did not seek custodial interrogation, indicating that further detention was unnecessary. The court emphasized that bail should not be denied based solely on the nature of the offence but should consider whether the accused's presence at trial can be secured.

Conclusion:
The court granted bail to the accused, subject to conditions including surrendering his passport, cooperating with the investigation, and not contacting witnesses. The court stressed that custodial detention should not be used as pre-trial punishment and that the accused's further detention was unwarranted as the investigation was substantially complete. The bail was granted with conditions to ensure the accused's compliance and presence during the trial.

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