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MGST offences may be investigated alongside distinct BNS offences arising from the same fraudulent GST transactions. Special-enactment offences remain subject to the Code unless the MGST framework expressly provides otherwise; tax-officer powers and police-assistance provisions do not themselves prohibit police investigation. Parallel prosecution under the MGST regime and general penal law is permissible where each statute addresses distinct offences, while double punishment for the same offence remains barred. On that basis, the FIR alleging both MGST and BNS offences was not quashed and the criminal writ petition was dismissed.
MGST offences may be investigated alongside distinct BNS offences arising from the same fraudulent GST transactions. Special-enactment offences remain subject to the Code unless the MGST framework expressly provides otherwise; tax-officer powers and police-assistance provisions do not themselves prohibit police investigation. Parallel prosecution under the MGST regime and general penal law is permissible where each statute addresses distinct offences, while double punishment for the same offence remains barred. On that basis, the FIR alleging both MGST and BNS offences was not quashed and the criminal writ petition was dismissed.
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