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TMI Blog2021 (4) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... e prosecution or at post prosecution stage. The offence alleged against the applicant is economic offence in which the evasion of duty amounting ₹ 62,10,28,165/- is made against the applicant. Although the offence is punishable with imprisonment of five years yet the evasion of huge amount of duty is a great loss to the Government Exchequer. As such the alleged offence is economic - The Hon'ble Apex Court in Y.S. JAGAN MOHAN REDDY VERSUS CENTRAL BUREAU OF INVESTIGATION [ 2013 (5) TMI 896 - SUPREME COURT] held that the economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If the figure of ₹ 9.39 crore and ₹ 43.10 crore are removed, then, out of alleged figure ₹ 56.43 crore, only a duty of about ₹ 3.85 crores are due to be payable. Before arresting the applicant no proper assessment of the duty was made and no opportunity of hearing was given to the applicant, during investigation whether the alleged duty was due on her part or not. The applicant was arrested on 19.01.2021 on the basis of order dated 15.01.2021 passed by Principal Commissioner, CGST, Noida. The applicant had always been cooperating with the investigation and enquiry of the case and never tried to abscond. The principal Commissioner, CGST, Noida had not made any endorsement regarding necessity of the arrest. Out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss to the Government Exchequer prayed to reject the bail of the applicant and in support of his submissions relied on the following case laws i.e. Union of India (UOI) Vs. Padam Narain Aggarwal Etc., 2008 LawSuit (SC) 2067, Nimmagadda Prasad Vs. Central Bureau of Investigation, 2013 LawSuit (SC) 416 Serious Fraud Investigation Office Vs. Nittin Johari another, 2019 0 Supreme (SC) 1010. 3-A. As per allegation of the complaint Smt. Chhaya Devi, proprietor of M/s Prabhat Jarda Factory Overseas, E-37, Sector-8, Noida. The search was conducted on 28.10.2020 at the various premises connecting with M/s Prabhat Jarda Factory Overseas, E-37, Sector-8, Noida and on subsequent dates by the officers/officials of CGST, Noida. During course of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion can be launched after completion of assessment and also acts contrary to the provisions of sub-section(1) of Section 132 of CGST Act, 2017. The list of offences under Section 132(1) have no corelation to the assessment, issuance of any invoice or bills without supply of goods and service tax or both in violation of provisions of this Act and avails input tax credit without any invoice or bill or made offence under sub-section (b) and (c) of sub-section (1) of Section 132 of the Act, 2017. The prosecution of these offences do not depend upon completion of assessment . 7. In view of sub-section (1) of Section 138 of CGST Act, 2017 any offence under CGST Act, 2017 is compoundable, both before or after the institution of the prosecution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssary burden on the State to keep a person in jail, who is yet to be proved guilty. The balance approach is to grant bail subject to certain conditions rather than to keep the individual under detention for indefinite period. 11. The Hon'ble Apex Court in Siddharam Satlingappa Mhetra Vs. State of Maharashtra and others (2011) 1 SCC 694 in paras 84 and 116 held just as the liberty is precious to an individual, so is the society's interest in maintenance of peace, law and order. Both are equally important. Personal liberty is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case. 12. The Hon'ble Apex Court culled out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is aggrieved if the economic offenders who ruin the economy of the State are not brought to books. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the Community. A disregard for the interest of the Community can be manifested only at the cost of forfeiting the trust and faith of the Community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the National Economy and National Interest....... 16. The Hon'ble Apex Court in Y.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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