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Issues: Whether the petitioner was entitled to anticipatory bail in connection with the investigation under the Central Goods and Services Tax Act, 2017, and whether custodial interrogation was necessary.
Analysis: The petitioner was accused of involvement in alleged fraudulent availment of input tax credit and refund through companies said to have made bogus exports. The record reflected that the suppliers were registered, possessed valid identification and bank accounts, and had filed the requisite returns under the goods and services tax regime. The material also showed that exports had been made, payments from foreign buyers were routed through banking channels, and the investigating agency had already conducted multiple raids and seized documents, ledgers, bank statements and electronic devices. In this background, and considering that the petitioner had already been examined during investigation, the need for custodial interrogation was not made out.
Conclusion: Anticipatory bail was granted to the petitioner, subject to cooperation with the investigation and the usual conditions against influencing witnesses or tampering with evidence.
Ratio Decidendi: Where the material already collected during investigation is sufficient to examine the alleged tax evasion and fraud, and custodial interrogation is not shown to be necessary, anticipatory bail may be granted subject to safeguards ensuring cooperation and preservation of evidence.