Case Law Details
Vijay Kumar Nair Vs State of M.P. (Madhya Pradesh High Court)
In the present case, the applicant is facing trial for offences punishable under section 132(1)(a)(i) of the GST Act and under Section 409, 467, 471, 120-B of the IPC. The applicant, who is a Pakistani national faces an allegation that he is indulged in clandestine clearance of mouth freshener, commonly known as ‘Pan Masala’, without payment of GST. The Counsel for the applicant prayed for bail being granted to the applicant on the grounds that the petitioners were earlier paying GST honestly and are also ready to pay the same in future. However, due to unprecedented circumstances of spread of COVID-19 pandemic and complete lockdown pursuant thereto; there was some delay in paperwork and submission of the invoices etc. It was further contended that though under pressure, they have already paid some sum and are still ready to pay the deficit, if any, found due on the final assessment.
High Court states that on careful consideration of nature and gravity of the allegation made against the petitioners and the specific evidence collected in respect of these allegations, elaborate discussion of which would not be apt as it may adversely affect the interest of either party, the specific facts put-forth by the learned senior counsels for the petitioners and their reply and other facts and circumstances of the case, in the considered opinion of this court, the case for granting bail is made out. Therefore, without commenting on the merits of the case, both the petitions stand allowed.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
Shri Sanjay Agrawal, learned Senior Counsel with Shri N. L. Tiwari, learned Counsel for the petitioner—Vijay Kumar Nair.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
