2025 (10) TMI 1181

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....03.09.2025. 3. An F.I.R. was registered on 28.06.2025, under Sections 316(4)/3(5) of BNS, 2023, on receipt of written complaint dated 28.06.2025 filed by one Shri Tajo Parang, proprietor of M/s JZ Enterprise, Police Colony, Naharlagun, to the effect that one Shri Loma Loda, his uncle, has informed him that Shri Ravi Rai and Shri Harka Bahadur Sunar @ Sumit Sunar of Harmuti are looking for a registered firm/proprietor for sub-contract work of supplies. On assurance of said Shri Harka Bahadur Sunar @ Sumit Sunar and Shri Ravi Rai that they will use the Password and ID of his firm for genuine works, he has provided the same to them. On 11.06.2025, Tax Invoice as well as e-way bill of 2 (two) unknown enterprises, namely, M/s SK Enterprises, ....

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....at the GST User ID and Password are the exclusive property of the complainant and every transaction requires an OTP which is delivered only to the complainant's registered mobile number. Therefore, when the user ID, Password and Mobile Phone with digital secret code solely in the possession of the complainant, there is no role or involvement of the accused person. There is no agreement or power of attorney ever been executed between the complainant and the accused person. As such, if there is any misuse of user ID and Password, it is the complainant alone who is responsible. 5. He submits that the accused person is falsely implicated in the case as the accused person is neither the party nor partner and have no relation with any of the f....

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....e the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventive. Deprivation of liberty must be consider a punishment which violates the Article 21 of the Constitution of India. Therefore, he submits that the alleged accused person may be released on bail as the arrest and detention is illegal. 7. On the other hand, Ms. L. Hage, learned Additional Public Prosecutor, while opposing the grant of bail to the accused person, submits that even after arrest of alleged accused, he is not co-operating in the investigation at all and if the accused person is released on bail, there is chances of inducing/threat to the witnesses and also hampering the investigation as the alle....

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....prietorship firms of Assam. It appears that there are many persons involved in alleged fraudulent transaction for which a proper investigation is required. 11. Regard being had to the submission of learned counsel for the applicant that the arrest and detention is in violation of the mandatory provisions of law and the judgment of the Hon'ble Supreme Court to the effect that the accused persons were arrested from Harmuti, which is outside the jurisdiction, without informing the local police and no transit remand was obtained from the competent Court, the accused persons were brought to Arunachal Pradesh, which is illegal, to which this Court finds from the records that the provisions of the law with regard to arrest and transit remand ha....