Imported cement concessional duty exemption under Notification 4/2006 challenged over RSP misdeclaration; demand, interest and s.114A penalty set asid...
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The dominant issue was whether the statutory "twin conditions" under s.45 PMLA barred bail despite prior rejection on merits. The Court held that prolonged incarceration and an unlikely early conclusion of trial warranted relaxing the s.45 embargo by applying constitutional balancing and the ratio that lengthy custody can justify a prima facie satisfaction that the accused is not guilty and will not commit an offence, with the latter secured through stringent conditions. It also noted that the prosecution evidence/documents were already with the investigating agency and the applicant had not misused interim bail. Bail was granted with conditions. - HC
The dominant issue was whether the statutory "twin conditions" under s.45 PMLA barred bail despite prior rejection on merits. The Court held that prolonged incarceration and an unlikely early conclusion of trial warranted relaxing the s.45 embargo by applying constitutional balancing and the ratio that lengthy custody can justify a prima facie satisfaction that the accused is not guilty and will not commit an offence, with the latter secured through stringent conditions. It also noted that the prosecution evidence/documents were already with the investigating agency and the applicant had not misused interim bail. Bail was granted with conditions. - HC
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