The State of Gujarat issued summons dated 31.10.2018 to the respondents under Section 145 of the Central Excise Act, 1944, as made applicable to the service tax vide Section 83 of the Finance Act, 1994, and Section 70 of the Central Goods and Service Tax Act, 2017, in connection with an inquiry against M/s. Iyer Enterprise Mundra Kutch for alleged evasion of Goods and Service Tax Liability. The re...
Bail application under Section 439 of Cr.P.C. – Applicant seeking regular bail in FIR No. 136/2012 registered at PS Economic Offences Wing (EOW) – Allegations of fraud and misappropriation of funds against the accused – Accused not named in the FIR - Applicant arrested based on his association with the financial company M/s. B.P. Jewellers Pvt. Ltd. And M/s. Money Bhandar –...
Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Parity with Co-Accused - Length of Custody as a Factor - Petitioner sought regular bail in a case registered under Sections 15 and 29 of the NDPS Act, 1985 - Petitioner claimed parity with a co-accused previously granted regular bail - Court considered the importance of custody duration as a factor in bail decisions under the ND...
Section 436-A of the Cr.P.C. provides that an under-trial cannot be detained for a period longer than the maximum punishment provided for the offence. The applicant had already exceeded the maximum prescribed sentence for the non-bailable offence, entitling him to release on bail. [Para 17, 34-35]
The offence under Section 389 of the IPC is a bailable offence. Considering the facts an...
Bail application - Grant of regular bail - Offences under Sections 384, 389, 411, 120-B, and 34 of the IPC - Applicant charged with extortion and blackmailing complainant - FIR registered - Applicant already undergone more than three years of incarceration - Previous bail applications dismissed - Supreme Court dismissed SLP but granted liberty to file fresh bail application if trial exceeds six mo...
Criminal Procedure - Bail application under Section 439 of the Code of Criminal Procedure - Charges under the NDPS Act - Recovery of "Commercial Quantity" of poppy pods - Consideration of Section 37 of the NDPS Act for granting bail - Prima facie satisfaction required - Likelihood of influencing witnesses or absconding (Para 9).
Falsification of Involvement - Allegation of f...
Criminal Bail Petition - Regular Bail - FIR registered under various sections including the Petroleum and Minerals Pipelines Act, Explosive Substances Act, and Prevention of Damage to Public Property Act - Petitioner not named in original FIR, implicated based on disclosure statements of other arrested accused - Petitioner in custody since 23.08.2022, none of the 30 prosecution witnesses examined ...
Criminal Procedure - Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application under Section 439 of Cr.P.C. - Petitioner seeking regular bail in a case registered under Sections 22-C of the NDPS Act - Petitioner in custody for over two years - Investigation completed, but trial likely to take more time - Petitioner not involved in any other case - Violation of right un...
Bail application - Rejection of bail - Accused charged under Maharashtra Control of Organized Crime Act (MCOCA) - Accused Leena Paulose and B. Mohanraj involved in an organized crime syndicate - Accused Leena Paulose received money through Hawala transactions, failed to explain the source of credited entries in her bank account, and purchased luxury cars without plausible explanation - Accused Lee...
Regular Bail - Grant of - Petitioner under Sections 21/27-A of the NDPS Act - Allegations of possession of 6 grams of smack - Previous instances of petitioner absconding from trial proceedings - Bail granted and subsequently breached - Petitioner's application for bail rejected by Trial Court - Petitioner in custody for a significant period - No other pending case under NDPS Act against petiti...