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    <title>2024 (12) TMI 50 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>Allegations of fictitious firms, fabricated bills and wrongful Input Tax Credit were treated as capable of attracting offences under both the GST law and the IPC on the same factual matrix. Section 26 of the General Clauses Act was applied to state that, where one act constitutes offences under two enactments, prosecution under either is permissible and the bar operates only against double punishment for the same offence. On the facts, the overlapping complaint and FIR, the petitioners&#039; prior GST proceedings, their substantial custody, and the absence of any material showing absconding justified protection from arrest. Anticipatory bail was granted, subject to joining investigation and compliance with Section 438(2) CrPC conditions.</description>
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      <description>Allegations of fictitious firms, fabricated bills and wrongful Input Tax Credit were treated as capable of attracting offences under both the GST law and the IPC on the same factual matrix. Section 26 of the General Clauses Act was applied to state that, where one act constitutes offences under two enactments, prosecution under either is permissible and the bar operates only against double punishment for the same offence. On the facts, the overlapping complaint and FIR, the petitioners&#039; prior GST proceedings, their substantial custody, and the absence of any material showing absconding justified protection from arrest. Anticipatory bail was granted, subject to joining investigation and compliance with Section 438(2) CrPC conditions.</description>
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