2024 (4) TMI 850

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....Ms Aarti Singh, Advocate h/f Mr. P.D. Meghe, Advocate. ORAL JUDGMENT : ADMIT. Heard finally with the consent of learned Counsel for the parties. 2. By this application, the applicant seeks cancellation of pre-arrest bail granted to the respondent by order dated 06/09/2022 in Criminal Bail Application No. 1038 of 2022 passed by the Additional Session Judge-13, Nagpur in connection with Cri....

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....ring necessity of the custodial interrogation of the non-applicant. The applicant seeks cancellation of bail on the ground that while granting the bail the Sessions Court has not considered that custodial interrogation of the present non-applicant is required for the purpose of interrogation and another ground raised by the applicant is that in fact, the application under Section 438 of the Code o....

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....ition of law is that if any person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his statement, the provisions of Section 438 of Criminal Procedure Code, 1908 cannot be invoked. We say so as no First Information Report gets registered before the power of arrest under Section 69(1) of the CGST Act, 2017 is invoked and in such circumstances, the person summoned c....

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....nal Procedure. 6. In the light of the above observation of the Hon'ble Apex Court, in the present case also after the non-applicant is summoned in view of the provisions conferred by Section 69(1) of the GST Act, 2017 he approached to the Sessions Court and the Sessions Court without considering the provisions and the necessity, granted bail to the non-applicant in the event of his arrest. In v....