Issues: Whether the accused-applicant should be released on bail pending trial.

Analysis: The limited role attributed to the accused-applicant as a mediator, the absence of apparent knowledge that the concerned firm was allegedly non-existent, filing of the charge sheet, and absence of criminal history were treated as relevant. No opinion was expressed on the merits of the prosecution case.

Outcome: Bail granted pending trial.

Issues: Whether refusal to condone the delay of approximately 968 days in filing customs appeals disclosed any perversity or substantial question of law warranting interference.

Analysis: An appeal under Section 130 of the Customs Act lies only on a substantial question of law and does not permit re-appreciation of factual findings unless they are perverse, unsupported by evidence, or reached by ignoring material evidence. Under Section 129A(3) and (5), condonation requires sufficient cause, assessed with reference to bona fides, diligence and a satisfactory explanation for the entire delay. The appellants participated in the adjudication through counsel, the order was sent to that counsel by e-mail, attempts were made to dispatch it to the recorded address, and it was displayed on the notice board. The appellants made no enquiry about the adjudication outcome for nearly three years, and the explanation did not account for this prolonged inaction. The Tribunal's rejection of condonation was based on a cumulative assessment of relevant material and could not be displaced by seeking a different factual view.

Conclusion: The refusal to condone the delay was lawful and disclosed no perversity, error of law, or substantial question of law; the issue is decided against the assessee.

Issues: (i) Whether the appellant's request under Section 149 for conversion of free shipping bills into EPCG shipping bills could be rejected as time-barred under Circular No. 36/2010-Customs or Notification No. 11/2022-Customs (N.T.); (ii) Whether conversion of the free shipping bills to EPCG shipping bills was permissible on the available contemporaneous documentary evidence despite the absence of physical examination at export.

Issue (i): Whether the appellant's request under Section 149 for conversion of free shipping bills into EPCG shipping bills could be rejected as time-barred under Circular No. 36/2010-Customs or Notification No. 11/2022-Customs (N.T.).

Analysis: Section 149 permits post-export amendment where documentary evidence existed at the time of export. The three-month period prescribed by paragraph 3(a) of Circular No. 36/2010-Customs was ultra vires Section 149 and could not curtail the statutory power of amendment. Notification No. 11/2022-Customs (N.T.) and the Regulations made thereunder expressly apply only to shipping bills filed on or after their publication and contain no retrospective operation. Its one-year limitation therefore could not govern exports completed in 2007.

Conclusion: The conversion request could not be rejected as time-barred; the time limits in the Circular and the 2022 Notification were inapplicable to the shipping bills in question, in favour of the assessee.

Issue (ii): Whether conversion of the free shipping bills to EPCG shipping bills was permissible on the available contemporaneous documentary evidence despite the absence of physical examination at export.

Analysis: The shipping bills, export-duty payment records, invoices and bank realisation certificates corroborated the identity, export and realisation of consideration for the exported iron ore. The statutory condition for post-export amendment is contemporaneous documentary evidence, not a fresh physical examination after export. A clerical omission to mention the EPCG authorisation cannot deny an otherwise available substantive export benefit where the relevant documentary evidence supports eligibility.

Conclusion: The free shipping bills are required to be considered for conversion to EPCG shipping bills on verification of the documentary evidence, in favour of the assessee.

Final Conclusion: The statutory mechanism for post-export amendment remains available for the exports concerned, and the customs authorities must process the conversion request on its merits within eight weeks.

Ratio Decidendi: A post-export shipping-bill amendment under Section 149 cannot be denied by a circular-imposed limitation that is ultra vires the statute or by a subsequently enacted regulation that operates only prospectively, where contemporaneous documentary evidence supports the claimed export-scheme eligibility.

Issues: (i) Whether interest on the sanctioned customs-duty refund was payable from the expiry of three months after the initial refund application or only after reassessment; (ii) Whether the applicable rate of interest on the delayed refund was 6% or 12%.

Issue (i): Whether interest on the sanctioned customs-duty refund was payable from the expiry of three months after the initial refund application or only after reassessment.

Analysis: The initial refund application was filed while the request for reassessment of the bills of entry remained pending. The prolonged delay in reassessment and refund was attributable to Revenue. The applied principle of statutory interest on delayed refund requires interest to run upon expiry of three months from receipt of the refund application, rather than from the subsequent order granting reassessment or refund.

Conclusion: Interest is payable from 20.02.2019, being the date immediately following expiry of three months from the initial refund application. This issue is decided in favour of the assessee.

Issue (ii): Whether the applicable rate of interest on the delayed refund was 6% or 12%.

Analysis: The applicable jurisdictional precedent concerning delayed refund supported interest at 12%. The factual circumstances of prolonged withholding of the refund justified application of that rate, while the period for which interest was payable remained unchanged.

Conclusion: The assessee is entitled to interest at 12% per annum for the period from 20.02.2019 until refund of the duty, with Revenue liable to pay the balance 6% after adjusting interest already paid. This issue is decided in favour of the assessee.

Final Conclusion: The determination preserves the commencement date of interest fixed by the appellate authority and enhances the compensatory rate for the delayed customs-duty refund.

Ratio Decidendi: Where a valid refund claim is delayed, interest commences after expiry of the statutory three-month period from the refund application and cannot be postponed by delayed reassessment or refund processing.

Issues: (i) Whether writing off outstanding dues payable to suppliers, without writing off the corresponding inputs, requires reversal of CENVAT credit under Rule 3(5B) of the Cenvat Credit Rules, 2004; (ii) Whether the extended period of limitation could be invoked for recovery of the disputed CENVAT credit.

Issue (i): Whether writing off outstanding dues payable to suppliers, without writing off the corresponding inputs, requires reversal of CENVAT credit under Rule 3(5B) of the Cenvat Credit Rules, 2004.

Analysis: Rule 3(5B) requires payment equivalent to credit only where credit-availing inputs or unused capital goods are written off, fully or partly, or provision for such write-off is made. Its proviso confirms that the rule concerns goods treated as unusable and subsequently used. The record showed only a write-off of vendor liabilities, while the Chartered Accountant's certificate confirmed that the goods were not written off from the accounts. Revenue produced no evidence from stock records establishing that the inputs were written off or were not used in manufacture. A commercial reduction or extinguishment of an amount payable to suppliers does not, by itself, establish that the duty-paid inputs were not used.

Conclusion: Reversal of CENVAT credit was not required merely because outstanding vendor dues were written off. This issue is decided in favour of the assessee.

Issue (ii): Whether the extended period of limitation could be invoked for recovery of the disputed CENVAT credit.

Analysis: The write-off entries were recorded in the books of account, and the audit had knowledge of the relevant write-offs through the spot memo issued in March 2015. The issue turned on the interpretation of Rule 3(5B), for which the assessee's view had support in the cited legal principles. These circumstances did not establish suppression of facts or intent to evade duty.

Conclusion: The extended period was not invocable, and the demand pertaining to that period could not be sustained. This issue is decided in favour of the assessee.

Final Conclusion: A write-off of supplier liabilities, unaccompanied by proof that the credit-availing inputs themselves were written off, does not trigger the statutory credit-reversal obligation; recovery based on such entries also cannot be sustained through the extended limitation period without suppression.

Ratio Decidendi: Rule 3(5B) of the Cenvat Credit Rules, 2004 applies to a write-off of credit-availing inputs or unused capital goods, not merely to a write-off of amounts payable to suppliers, and Revenue must establish the requisite facts before demanding reversal of credit.

Issues: Whether a non-manufacturer contractor that collected from its customer an amount representing excise duty in excess of the duty actually paid on excisable goods was liable to deposit the excess amount with the Central Government.

Analysis: Section 11D(1A) applies to every person collecting an amount as representing duty of excise on excisable goods in excess of the duty assessed, determined and paid; its application is not confined to manufacturers. The accepted bid prices separately identified excise duty, and the invoices either separately reflected such duty or incorporated it in the accepted prices. The running bills also declared that statutory taxes and duties had been deposited. The amounts collected as excise duty exceeded the duty paid by the manufacturers. The cited decisions concerned materially different circumstances, including cum-duty pricing without collection of duty as such, blank duty columns, or absence of any excess duty collection.

Conclusion: The excess amount collected as representing excise duty was required to be credited to the Central Government under Section 11D(1A), with applicable interest; the issue is decided against the assessee.

Issues: (i) Whether failure to pass the residual quantified additional input tax credit benefit contravened Section 171 of the Central Goods and Services Tax Act, 2017; (ii) Whether interest on the unpassed input tax credit benefit was payable at 18% per annum from 01.07.2017; (iii) Whether penalty under Section 171(3A) of the Central Goods and Services Tax Act, 2017 was attracted for the contravention after 01.01.2020.

Issue (i): Whether failure to pass the residual quantified additional input tax credit benefit contravened Section 171 of the Central Goods and Services Tax Act, 2017.

Analysis: Section 171 requires the benefit of additional input tax credit to be passed to recipients through a commensurate reduction in prices. The supplementary investigation, accepted by the respondent, verified substantial benefit passed through invoices and receipts but identified a beneficiary-wise shortfall of Rs. 14,94,622 payable to 25 eligible recipients.

Conclusion: The respondent contravened Section 171 to the extent of the unpassed input tax credit benefit of Rs. 14,94,622. The issue is decided in favour of Revenue.

Issue (ii): Whether interest on the unpassed input tax credit benefit was payable at 18% per annum from 01.07.2017.

Analysis: Rule 133(3)(b) of the Central Goods and Services Tax Rules, 2017 provides for return of the amount not passed on together with interest at 18% per annum. Recipients were deprived of the benefit from the commencement of the GST regime, and proposals to compute interest from later dates or at rates linked to delayed-payment interest were not accepted.

Conclusion: Interest at 18% per annum is payable on the unpassed benefit from 01.07.2017 until payment. The issue is decided in favour of Revenue.

Issue (iii): Whether penalty under Section 171(3A) of the Central Goods and Services Tax Act, 2017 was attracted for the contravention after 01.01.2020.

Analysis: The contravention continued beyond 01.01.2020, when Section 171(3A) came into force. The statutory proviso excludes penalty where the profiteered amount is deposited within 30 days of the order.

Conclusion: Penalty at 10% is attracted in respect of profiteering relatable to the period from 01.01.2020, unless the statutory deposit is made within 30 days. The issue is decided in favour of Revenue.

Final Conclusion: The residual beneficiary-wise input tax credit shortfall is enforceable with interest and the applicable statutory penalty consequences.

Ratio Decidendi: A registered person who fails to pass additional input tax credit by commensurate price reduction remains liable for the verified residual shortfall, interest from the commencement of GST, and penalty where the statutory conditions are met.

Outcome: The Special Leave Petition was dismissed on the ground of delay, leaving the question of law open.

Issues: Whether the assessable value of provisionally assessed iron ore exports could be enhanced on the basis of departmental laboratory analysis despite the contractually determined final invoice value and banking-channel realization.

Analysis: Section 14 of the Customs Act, 1962 and Rule 3 of the Customs Valuation (Determination of Value of Export Goods) Rules, 2007 make the price actually paid or payable the primary basis of export valuation. The buyer and seller were unrelated, the price was contractually adjustable according to quality parameters, and there was no evidence of additional remittance, side payment, flowback, or other consideration beyond the final invoice value supported by the Bank Realization Certificate. A laboratory result concerning iron content may establish quality but cannot, by itself, replace the transaction value with a notional value without a legally sustainable basis for rejecting that value. The undisclosed test report and selective reliance on separate reports for different parameters also failed to support the adverse assessment.

Conclusion: Enhancement of assessable value was unsustainable; the provisional assessments must be finalized on the genuine final transaction value actually realized by the assessee, upon verification of the relevant export documents.

Issues: Whether the one-year limitation stipulated for refund of Special Additional Duty under the amending customs notification could bar the refund claim.

Analysis: Notification No. 102/2007-Customs, as amended by Notification No. 93/2008-Customs, prescribed filing of the refund claim within one year from payment of Special Additional Duty. The limitation condition had been read down in binding jurisdictional precedent on the basis that a substantive limitation adversely affecting refund rights could not be imposed through subordinate legislation without statutory authority. The contrary view of another High Court did not displace the applicable precedent.

Conclusion: The one-year limitation introduced through Notification No. 93/2008-Customs could not defeat the assessee's refund claim for Special Additional Duty.

Issues: (i) Whether the remedy under Section 100(4) of the Companies Act, 2013 is exclusive, requiring exhaustion before an application under Section 98 may be made; (ii) Whether the facts established impracticability warranting an order under Section 98 for convening an extraordinary general meeting.

Issue (i): Whether the remedy under Section 100(4) of the Companies Act, 2013 is exclusive, requiring exhaustion before an application under Section 98 may be made.

Analysis: Section 100(4) confers an absolute additional right on requisitioning members to themselves call and hold an extraordinary general meeting where the Board fails to act on a valid requisition. Section 98 independently empowers the Tribunal to direct a meeting where it is impracticable to convene or conduct it in the prescribed manner. These remedies operate independently; recourse to Section 98 is not conditional upon prior exhaustion of Section 100(4).

Conclusion: Section 100(4) is an alternative and not an exclusive remedy; an application under Section 98 is maintainable without first invoking Section 100(4).

Issue (ii): Whether the facts established impracticability warranting an order under Section 98 for convening an extraordinary general meeting.

Analysis: The statutory jurisdiction under Section 98 is exceptional and must be exercised sparingly because corporate affairs ordinarily remain governed by internal democracy and domestic management. Impracticability must be established on facts from the perspective of reasonable prudence, showing that a meeting cannot realistically be convened without intervention. Mere division among directors and the Board's rejection of the requisition by a majority did not establish that an extraordinary general meeting could not be convened, particularly where the company had numerous other shareholders. No foundational facts or proof of impracticability were placed on record, and no attempt had been made to convene the meeting under Section 100(4).

Conclusion: The precondition of impracticability for exercise of jurisdiction under Section 98 was not established; the issue is decided in favour of the appellants.

Final Conclusion: The exceptional statutory power to direct convening of a company meeting cannot displace internal corporate processes absent a demonstrated factual necessity for intervention.

Ratio Decidendi: A requisitioning member may invoke Section 98 without first resorting to Section 100(4), but relief under Section 98 requires concrete facts establishing reasonable impracticability of convening the meeting through ordinary corporate mechanisms.

Issues: Whether the Committee of Creditors validly rejected the proposed resolution plan after it was remitted for reconsideration and the resolution applicant declined to revise it.

Analysis: The directions requiring consideration of statutory and stakeholder claims, and remitting the plan to the Committee of Creditors, were never challenged and had attained finality. The resolution applicant's affidavit itself contemplated revision of the plan, but it subsequently declined to revise the plan value or accommodate the additional claims. The Committee of Creditors was therefore entitled to reconsider and reject the plan. Its commercial decision concerning acceptance, rejection and liquidation remained non-justiciable, particularly since the plan had not received approval from the Adjudicating Authority. Section 33(2) of the Insolvency and Bankruptcy Code, 2016 permits the Committee of Creditors to resolve for liquidation before approval of a resolution plan by the Adjudicating Authority.

Conclusion: The rejection of the proposed resolution plan by the Committee of Creditors, and the refusal to interfere with that decision, were valid.

Issues: Whether an unsuccessful scheme proponent that withdrew from the process after its scheme was not accepted could be compelled to deposit the earnest money deposit guarantee into the liquidation estate.

Analysis: The earnest money deposit secured submission of the appellant's proposed scheme. Once that scheme was not accepted and the matter was remitted for fresh consideration, the appellant retained the commercial choice whether to continue in the process. A scheme proponent undertakes to submit its own scheme, not to remain bound to formulate or pursue a scheme meeting the requirements of the committee of creditors or the Adjudicating Authority. The liquidator did not establish any legal basis for recovery of the guarantee amount after the appellant withdrew.

Conclusion: The appellant was not liable to pay the earnest money deposit guarantee to the liquidation estate; the recovery claim was unsustainable in law.

Issues: (i) Whether production before an available Magistrate other than the nearest Magistrate after court hours rendered the arrest or detention unlawful; (ii) Whether the grounds of arrest were communicated to the petitioner's relatives in breach of the constitutional requirement; (iii) Whether prolonged custody and the material on record warranted bail despite the statutory restrictions under the Prevention of Money-laundering Act, 2002.

Issue (i): Whether production before an available Magistrate other than the nearest Magistrate after court hours rendered the arrest or detention unlawful.

Analysis: Production before the Chief Judicial Magistrate at night, instead of the nearer Magistrate who may not have been available after court hours, was treated as a precautionary measure. The petitioner was produced before the Special Court within twenty-four hours, and no resulting prejudice was established.

Conclusion: The production before the available Magistrate did not vitiate the arrest or detention. The issue is decided against the petitioner.

Issue (ii): Whether the grounds of arrest were communicated to the petitioner's relatives in breach of the constitutional requirement.

Analysis: The grounds of arrest were admittedly supplied to the petitioner. The subsequent search record showed that those documents were no longer with him, supporting the inference that he had handed them to relatives present at the premises. Prompt steps in the criminal proceeding, including moving for bail, also negatived any prima facie case that the relatives lacked knowledge of the arrest or its grounds, or that prejudice resulted.

Conclusion: No prima facie breach of the requirement to communicate the grounds of arrest to the petitioner or his relatives was made out. The issue is decided against the petitioner.

Issue (iii): Whether prolonged custody and the material on record warranted bail despite the statutory restrictions under the Prevention of Money-laundering Act, 2002.

Analysis: Custody of about one year and two months was insufficient to override the statutory bail restrictions because the proceeding had progressed and charges were expected to be framed. The material allegedly linked the petitioner to numerous mule accounts, illegal betting operations and substantial proceeds of crime. The alleged leading role, prior abscondence, possibility of influencing witnesses or tampering with evidence, and risk of fleeing were material aggravating factors. The petitioner could not prima facie establish lack of guilt or that he would not commit an offence while on bail.

Conclusion: The statutory conditions for bail were not satisfied, and the custody period did not justify release. The issue is decided against the petitioner.

Final Conclusion: The arrest-related objections did not establish illegality or prejudice at this stage, while the gravity of the alleged money-laundering activity, prima facie material, and risks to the process outweighed the claim based on incarceration.

Ratio Decidendi: Bail under the Prevention of Money-laundering Act, 2002 requires satisfaction of the statutory threshold, and custody duration alone does not warrant release where prima facie incriminating material and a substantial flight or interference risk persist.

Issues: (i) Whether the aircraft arrangement constituted Supply of Tangible Goods Service or a transfer of possession and effective control outside that taxable entry; (ii) Whether amounts recorded as "other collections" were includible in the taxable value; (iii) Whether taxing the appellant on receipts already made subject to proceedings against the related concern resulted in double taxation; (iv) Whether invocation of the extended period of limitation was sustainable; and (v) Whether penalties under Sections 77 and 78 were sustainable.

Issue (i): Whether the aircraft arrangement constituted Supply of Tangible Goods Service or a transfer of possession and effective control outside that taxable entry.

Analysis: Section 65(105)(zzzzj) applies where tangible goods are supplied for use without transfer of possession and effective control, whereas a transfer of the right to use goods requires exclusive legal possession and control. The contractual terms permitted the lessor to use the aircraft when not used by the lessee, required redelivery after each trip, retained operational, maintenance and running-cost responsibility with the lessor, and allowed termination on thirty days' notice. These features established that effective control and legal possession remained with the lessor.

Conclusion: The arrangement was taxable as Supply of Tangible Goods Service, against the assessee.

Issue (ii): Whether amounts recorded as "other collections" were includible in the taxable value.

Analysis: The show-cause notices alleged only Supply of Tangible Goods Service concerning the aircraft lease. The other collections were neither alleged to arise from the lease nor shown to have a nexus with that transaction. Taxable value could not be expanded beyond the allegations forming the foundation of the notices.

Conclusion: Other collections were not includible in the taxable value, in favour of the assessee.

Issue (iii): Whether taxing the appellant on receipts already made subject to proceedings against the related concern resulted in double taxation.

Analysis: The assertion that the same lease receipts were already included in a demand proposed against the related concern remained uncontroverted. Confirmation of tax against the appellant on those identical receipts would duplicate the levy on the same transaction.

Conclusion: Tax could not be confirmed on receipts already subjected to demand against the related concern, in favour of the assessee.

Issue (iv): Whether invocation of the extended period of limitation was sustainable.

Analysis: The Department had knowledge of the relevant transaction and receipts when it issued the earlier notice to the related concern. The subsequent notice proceeded on the same facts, without establishing a fresh positive act of suppression or an intent to evade payment. The prerequisites for the extended period were therefore absent.

Conclusion: The extended period was not invocable; only demands falling within the normal limitation period could survive, in favour of the assessee.

Issue (v): Whether penalties under Sections 77 and 78 were sustainable.

Analysis: Fraud, collusion, wilful misstatement, or suppression with intent to evade tax was not established. The circumstances also warranted the statutory benefit available for reasonable cause.

Conclusion: The penalties under Sections 77 and 78 were unsustainable and were set aside, in favour of the assessee.

Final Conclusion: Tax liability survives only for the applicable normal period on the taxable aircraft-supply arrangement, excluding unrelated collections and duplicate levy, without penalties.

Issues: Whether an amount deposited during investigation and remaining unspent in the personal ledger account, before determination of duty liability, attracts interest from the date of deposit at 12% per annum rather than interest only under Section 11BB of the Central Excise Act, 1944.

Analysis: The amount was deposited before any determination or appropriation of duty liability and was refundable as a revenue deposit/unspent advance deposit. Such amount did not acquire the character of duty merely because it was credited in the personal ledger account. The statutory scheme under Sections 11B and 11BB of the Central Excise Act, 1944 governing refund of duty and delayed statutory refunds was therefore inapplicable. The jurisdictional High Court decision on materially identical facts was treated as binding and as affirming interest from the date of deposit, including interest at 12% per annum where the Revenue had retained the amount for a prolonged period.

Conclusion: The assessee is entitled to interest at 12% per annum on the refundable revenue deposit from the respective dates of deposit until refund.

Issues: Whether fertilizer subsidy received directly from the Government of India under the Nutrient Based Subsidy Policy is includable in the assessable value as additional consideration for levy of central excise duty.

Analysis: Section 4 bases valuation on transaction value where price is the sole consideration. Rule 6 permits addition only where additional consideration flows directly or indirectly from the buyer to the manufacturer. Subsidy paid independently by the Government under a policy scheme to make fertilizers affordable does not emanate from purchasers merely because its amount is linked to the quantity or category of fertilizers sold. The applicable Board clarification, binding on departmental authorities, also treats such fertilizer subsidy as not linked to the buyer.

Conclusion: The Government subsidy is not additional consideration flowing from the buyer and is not includable in the assessable value; the consequential duty, interest and penalty demands cannot survive.

Issues: (i) Whether bail granted to a foreign national accused of an NDPS offence involving commercial quantity was sustainable under the statutory conditions governing bail; (ii) Whether uniform safeguards concerning bail, sureties and monitoring of foreign nationals accused in NDPS cases involving commercial quantity could be issued.

Issue (i): Whether bail granted to a foreign national accused of an NDPS offence involving commercial quantity was sustainable under the statutory conditions governing bail.

Analysis: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 requires satisfaction of both conditions that there are reasonable grounds to believe that the accused is not guilty and is unlikely to commit an offence while on bail. The material concerning the alleged role, the commercial quantity involved, prior conviction in an NDPS case, and the possibility of enhanced punishment under Section 31A required heightened scrutiny. Prolonged custody and the protection of personal liberty under Article 21 do not dispense with the mandatory statutory framework. The bail order did not record the requisite satisfaction under Section 37 or address the likelihood of reoffending. The accused also absconded after release and the surety furnished was found to be fictitious.

Conclusion: The grant of bail was unsustainable and the bail stood cancelled, against the accused.

Issue (ii): Whether uniform safeguards concerning bail, sureties and monitoring of foreign nationals accused in NDPS cases involving commercial quantity could be issued.

Analysis: Fabricated sureties and the absence of a uniform verification mechanism created a systemic gap capable of frustrating criminal proceedings. Article 142 of the Constitution of India permits limited measures to secure complete justice where existing procedures prove inadequate, without supplanting substantive law. The safeguards were confined to foreign nationals accused in NDPS cases involving commercial quantity and were calibrated to preserve personal liberty, proportionality and judicial discretion where appropriate.

Conclusion: Binding safeguards were issued requiring, among other measures, deposit of passport, FRRO registration, ordinarily two verified sureties, re-verification of the accused's address and contact details before release, disclosure of financial sources and bank accounts, intimation to the concerned Embassy, creation of centralised databases and digital verification systems, departmental inquiry where verified sureties are subsequently found fake, creation of lien or charge over surety property, and insertion of Form 47A under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Final Conclusion: A uniform and targeted bail-security framework was established for foreign nationals accused of commercial-quantity NDPS offences, while retaining the constitutional requirement that restrictions on liberty remain lawful and proportionate.

Ratio Decidendi: In commercial-quantity NDPS cases, the statutory twin conditions for bail must be affirmatively satisfied and cannot be displaced solely by the duration of pre-trial custody; Article 21 operates harmoniously within that statutory framework.

Issues: Whether a show-cause notice and consequential cancellation of GST registration, which do not disclose the particulars of fraud, wilful misstatement or suppression and contain no reasons, are valid; and whether availability of an alternate remedy bars writ jurisdiction in the presence of apparent illegality.

Analysis: The show-cause notice merely reproduced the statutory grounds without stating the factual particulars required to enable an effective response. It fixed the date of appearance on the very date of issuance, affording no sufficient opportunity to reply. The cancellation order did not disclose the ground for cancellation and revealed non-application of mind. Article 226 of the Constitution of India could be invoked despite an alternate remedy where the impugned action disclosed glaring illegality affecting the rights of a registered trader.

Conclusion: The deficient show-cause notice and the unreasoned cancellation order were invalid and liable to be set aside.

Issues: Whether dismissal of the statutory appeal on limitation and the underlying adjudication order could stand where the show-cause notice was uploaded only under the 'Additional Notice and Orders' tab without separate intimation, preventing the petitioner from responding.

Analysis: Uploading the show-cause notice only under the specified portal tab, without separate intimation, prevented the petitioner from filing a response. This amounted to a violation of the principles of natural justice. Since the appellate authority dismissed the appeal solely on limitation without examining the merits, interference was warranted on the peculiar facts.

Conclusion: The impugned appellate and adjudication orders cannot be sustained for breach of natural justice; the petitioner is entitled to respond to the show-cause notice and to a fresh reasoned determination after an opportunity of hearing.