Faisal Malik Vs Senior Intelligence Officer (Telangana High Court)
The Telangana High Court allowed a criminal petition seeking regular bail filed under Sections 480 and 483 of the Bharatiya Nagarik Surakhsha Sanhita, 2023. The petitioner, arrayed as an accused in proceedings initiated by the Directorate General of GST Intelligence, Hyderabad, was alleged to have facilitated the fraudulent availment and passing of Input Tax Credit (ITC) amounting to approximately Rs.30 crore. According to the allegations, the petitioner, as managing partner of M/s. F.K. Metals Traders, was involved in transactions concerning fake ITC through entities purportedly created for the procurement of metal scrap. The case was registered under Sections 132(1)(b), 132(1)(c)(i), and 132(5) of the CGST Act, 2017.
The petitioner contended that he had been falsely implicated, had not engaged in any illegal activity relating to ITC, and had remained in judicial custody since 10.04.2026. The prosecution opposed bail, alleging that the petitioner was the mastermind behind the issuance of fake invoices involving Rs.30 crore and argued that the investigation was still ongoing.
After considering the submissions and the material on record, the Court noted that the petitioner had been in judicial custody since 10.04.2026, the alleged offence carried a maximum punishment of five years’ imprisonment, and 60 days had elapsed without the filing of a complaint. Taking into account the nature of the allegations and the period of incarceration, the Court granted regular bail.
