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RAJESH BHARDWAJ
Ram @ Raman Chaggar – Appellant
Versus
Superintendent (Anti Evasion) of CGST Commissionerate – Respondent
JUDGMENT
Rajesh Bhardwaj, J.
Petitioner has approached this Court praying for grant of regular bail in the complaint case No.COMA-92015-2022 CNR No.PBLD03-092667-2022 dated 18.11.2022 titled as Superintendent (Anti Evasion) v. Ram @ Raman Chaggar for the offence under Sections 132 (1) (B, C & L) punishable under Section 132 (1)(1) of CGST Act, 2017 and under Clauses (B), (C) & (L) of Sub-section (1) of Section 132 of Punjab State Goods & Services Tax Act, 2017 both read with Section 20 of the Integrated Goods & Service Tax Act, 2017 pending in the Court of learned Chief Judicial Magistrate, Ludhiana.
2. It has been vehemently contended by counsel for the petitioner that the petitioner has been made a scapegoat by falsely and frivolously implicating him in the present case. He submits that the petitioner was just an employee of Gurbax Lal @ Happy Nagpal who was arrested by the respondents-State and hence, the petitioner was clandestinely implicated in this case. He has submitted that as per the allegations made in the complaint, petitioner has been alleged to be an abettor and an employee in some of the companies controlled and managed by co-accused Yashpal Mehta. It has been further
Detention without substantial evidence and the principle of equal treatment in bail applications necessitate granting bail, especially when co-accused are already released.
The severity of economic offences, the nature of evidence, and the larger interests of the public are crucial factors in determining bail under Section 132 of the Central Goods and Services Tax Act, ....
The court emphasized that economic offences require a stringent approach in bail considerations, especially when serious allegations of fraud are involved.
The court emphasized the necessity of substantial evidence for serious charges under the GST Act and the accused's right to a fair trial.
Any offence under this Act may, either before or after institution of prosecution, be compounded by Commissioner on payment, by person accused of the offence, to Central Government or State Governmen....
The court ruled that economic offences require a stringent approach in bail matters, emphasizing the gravity of allegations and evidence against the accused.
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