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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
M.L. Paliwal Son Of Shri Deep Chand Paliwal – Appellant
Versus
Union Of India – Respondent
ORDER :
GANESH RAM MEENA, J.
1. By filing the present criminal misc. petition u/S 528 BNSS, the accused petitioner has prayed to quash and setaside the order dated 31.01.2025, passed by the Court oflearned Addl. Chief Judicial magistrate (Economic Offence), Jaipur Metro-II (for short, 'the trial Court') in Criminal MiscCase No. 07/2025 (Union of India Vs. M/s. Miraj Products Limited & Anr.; to quash the non-bailable warrants in question and further to direct the learned Court concerned to accept the bonds from the accused petitioner as per law.
2. Facts in brief of the case are that the Office of Directorate General of GST Intelligence received an information that Packaging Sales Private Limited is supplying of packing material in the name of fake firms with an intent to dodge the checking conducted by GST Department and finally offloading the material at M/s Miraj. The said department conducted simultaneous raids at the office of M/s Montage Packaging being situated in Jaipur and office of M/s Miraj Products Private Limited at Nathdwara. During the raid at M/s Miraj Products it was allegedly found that a truck was being unloaded at M/s Miraj with invoices in the name of M/s Shri Bala
Non-bailable warrants should not be issued as a first resort; summons or bailable warrants are preferred unless there is a likelihood of the accused evading the law.
Non-bailable warrants should not be issued unless the accused is likely to evade the law or tamper with evidence; summons or bailable warrants are preferred initially.
Economic offences are distinct and require strict handling in matters of bail; conflicting views on warrant issuance must be resolved by a larger bench.
The court affirmed that under the PML Act, the burden of proof lies with the accused, and economic offences necessitate a stringent approach in judicial proceedings.
The seriousness of economic offences, the burden of proof under Section 24 of the PML Act, and the discretion of the trial court in issuing non-bailable warrants under Section 204 of the Code of Crim....
The judgment established that the issuance of a non-bailable warrant should follow proper procedure and judicial guidelines, including the recording of satisfaction by the court.
Issuance of Non-bailable warrant – Not justifie – Accuse not given requisite desired answers to Investigating Agency, can be no ground per se for issuance of non-bailable warrants
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