2019 (11) TMI 396 - HC - GST

Court authorizes Assam Police seizure, directs Customs for smuggling investigation. Coordination key for multi-statute cases.

M/s SANGTEI ENTERPRISE AND ANR., SRI ZOSANGPUII Versus THE STATE OF ASSAM AND 6 ORS., THE COMMISSIONER OF STATE TAXES, THE COMMISSIONER OF POLICE, THE DY. COMMISSIONER OF POLICE, THE ASSTT. COMMISSIONER OF POLICE, THE OFFICER IN CHARGE, THE INVESTIGATION OFFICER

M/s SANGTEI ENTERPRISE AND ANR., SRI ZOSANGPUII Versus THE STATE OF ASSAM AND 6 ORS., THE COMMISSIONER OF STATE TAXES, THE COMMISSIONER OF POLICE, THE DY. ... Issues Involved:1. Jurisdiction of Assam Police in seizing trucks and goods suspected of tax evasion and forgery.2. Applicability of Indian Penal Code (IPC) versus special statutes like the Customs Act and GST Acts.3. Whether the police can investigate offences under special statutes.4. The role of different investigative agencies in cases involving multiple statutes.5. The legality and scope of police actions in the context of alleged smuggling and forgery.Detailed Analysis:1. Jurisdiction of Assam Police in Seizing Trucks and Goods Suspected of Tax Evasion and Forgery:The petitioners, primarily proprietorship firms dealing in areca nuts, challenged the seizure of their trucks by Assam Police, arguing the police acted without jurisdiction. The police had detained the trucks based on information about improper documentation and possible smuggling. The court acknowledged that the initial seizure by the police was not without authority as the police acted on credible information and had jurisdiction under Section 102(1) CrPC to seize any property suspected to be involved in an offence.2. Applicability of Indian Penal Code (IPC) Versus Special Statutes Like the Customs Act and GST Acts:The court examined whether the police could investigate offences under the IPC when the offences might also fall under special statutes like the Customs Act or GST Acts. The petitioners argued that offences under these special statutes should be investigated by the respective authorities. The court held that while the Customs Act and GST Acts are comprehensive and self-contained, they do not preclude the applicability of the IPC. Hence, the police can investigate offences under the IPC even if they are also offences under special statutes.3. Whether the Police Can Investigate Offences Under Special Statutes:The court clarified that the police have the jurisdiction to investigate offences under the IPC, even if these offences overlap with special statutes. However, the police should not conduct a roving or fishing enquiry. In this case, the police were investigating forgery and use of forged documents, which are offences under the IPC. The court noted that if the primary offence is identified as smuggling under the Customs Act, the investigation should be handed over to the Customs authorities.4. The Role of Different Investigative Agencies in Cases Involving Multiple Statutes:The court emphasized the need for coordination among different investigative agencies when multiple offences under different statutes are involved. It held that while the police can investigate IPC offences, they should hand over the investigation to the appropriate authorities if new offences under special statutes are revealed. This ensures that investigations are not prolonged unnecessarily and that the rights of the accused are protected.5. The Legality and Scope of Police Actions in the Context of Alleged Smuggling and Forgery:The court observed that the police had acted on credible information and had initially detained the trucks for verification of tax documents. However, subsequent investigations revealed that the goods might be smuggled from Myanmar, making the Customs Act applicable. The court directed that the investigation of the alleged smuggling should be handed over to the Customs authorities, as they are the proper authorities to investigate such offences. The police can assist the Customs authorities if needed.Conclusion:The court held that the Assam Police had the authority to initially seize the trucks and goods based on credible information. However, since the primary offence appeared to be smuggling under the Customs Act, the investigation should be handed over to the Customs authorities. The police can investigate IPC offences but should not conduct a roving enquiry and should coordinate with other investigative agencies to ensure a fair and expeditious investigation. The petitions were disposed of with these observations and directions.