2022 (4) TMI 812

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....etel nuts to Manoj Kumar Dudhoria. As per the statement of transporter and Manoj Kumar Dudhoria, no ready mix machine of Pan Masala and Guthka was found at the premises of applicant. So far as the liability of GST is concerned, that was not accounted to applicant. Deceased Manoj Kumar Dudhoria was having GST liability, if any. It is also submitted that statement of the son of applicant was recorded by the department under force and coercion on 20.07.2021. It is further submitted that applicant is apprehending arrest as there is apprehension in the mind of the applicant due to the custodial death of co-accused Manoj Kumar Dudhoria that he may be called to GST office and he may also not met the same fate. In support of his arguments, Ld. D....

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....ng judgments:- 1. Parvinderjit Singh & Anr. v. State (UT Chandigarh) & Anr-2009 (1) CC Cases (SC) 190 para No.15 2. Gurbaksh Singh Sibbia v. State (1080) 2 SCC 565 3. Union of India v. Padam Narayan etc. CA No.1575/2008 4. (2005) 4 Supreme Court cases 303 Adri Dharan Das v. State of W.B. - Cri. Appeal No.326/2005 5. Sushila Aggarwal & Ors. v. State decided on 29.01.2020 6. Orders dated 29.07.2016 and 28.04.2017 of Hon'ble Supreme Court in UOI & Anr. v. Ravi Nayar - SLP (Crl.) No.5869/2016. 7. Order dated 11.03.2015 of Hon'ble Delhi High Court in the application for anticipatory bail - Vijay Verma v. State & Anr. 8. Monu Kapoor v. DRI-Bail application No.2381/2019-decide....

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....ot been made to arrest the accused. Moreover, as stated by Ld. Counsel for the accused that accused has once joined the investigation on the notice of the department somewhere in August/September 2021 and thereafter, no notice from the side of the respondent has been issued to the applicant to join the investigation. On being asked from the Ld. Counsel about the immediate apprehension of his arrest, except the apprehension that one of the accused Manoj Kumar Dudhoria has expired and accused may not meet the same fate. There is nothing to show that co-accused was died in the custody and merely having such apprehension without any basis cannot be regarded as apprehension of arrest and moreover department itself is not making any effort to ....