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of <h1>No Arrest Apprehension; Petitioners Can Appear via Representatives and Seek Extension Under Relevant Rules</h1> <h3>Kamal Kumar Sharma And Ors, Pradip Kumar Sarawgi and Suraj Pareek Versus The State Of Assam And Anr and Standing Counsel Assistant Commissioner Of State Tax Jurisdiction, Guwahati</h3> The HC held there is no apprehension of the petitioners' arrest as the notice allows appearance through authorized representatives. The petitioners were ... Seeking grant of anticipatory bail - apprehension of petitioner's arrest or not - HELD THAT:- This Court is of the opinion that that there is no apprehension of the petitioners getting arrested as the notice has issued to them also contemplates their appearance through their authorized representative. In view of the submissions made by the learned Standing Counsel for State GST, the petitioners may appear before the Assessing Authority/the authority which issued the notice on 31.07.2025 and may file appropriate application before the State authorities seeking extension of time. This anticipatory bail application is disposed of. The Gauhati High Court, in an application under Section 482 of BNSS, 2023, addressed the anticipatory bail plea of petitioners apprehending arrest following a notice issued under Case Id No.AD180725000184B related to seizure under Section 67(2) of the Assam GST/CGST Act, 2017. The petitioners contended that the notice required immediate personal appearance, insufficient for engaging representation, leading to fear of arrest. The State GST counsel clarified that the notice permitted appearance 'either in person or through an authorized person,' negating mandatory personal appearance, and that the petitioners could still appear on 31.07.2025 despite defaulting on 04.07.2025. The Court held there was 'no apprehension of the petitioners getting arrested' as appearance through authorized representatives was contemplated. The petitioners were directed to appear before the Assessing Authority on 31.07.2025 and file any application for extension of time with the State authorities. The anticipatory bail application was accordingly disposed of.
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