TaxTMI 
TaxTMI 
2026 (9) TMI 1189
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....) of the CGST Act in n connection with F.No. DGGI/INT/INTL/335/2026, on the file of the respondents authorities seek anticipatory bail. 2. The allegation against the petitioners who have been running business in the name of M/s. Attica Gold Pvt. Ltd., is that they are engaged in the business of purchasing old/used gold and silver jewellery from walk-in customers across various branches situated in South India, and thereby have evaded revenue to the tune of more than Rs. 100 Crores. Hence, the case. 3. The learned Senior Counsel appearing for the petitioners would submit that the petitioners in the respective petitions are Ex-Directors. It is his submission that the petitioner in Crl. O.P. No. 17139 of 2026 had resigned on 10.07.2023, ....
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.... in Sri Akram Pasha Vs. Senior Intelligence Officer, DGGI, Bengaluru Zonal Unit (Crl.P.No.15066 of 2025, dated 19.12.2025), which was subsequently affirmed by the Hon'ble Supreme Court in SLP (Crl.) No.5143 of 2026 dated 25.03.2026. It is his further submission that the petitioners in Crl.O.P.Nos.17139 and 17140 of 2026 are women. Hence, he prayed to grant anticipatory bail to the petitioners. 4. Per contra, the said contention was stoutly opposed by the learned Special Public Prosecutor and would submit that the present case involves a grave economic offence concerning GST evasion to the tune of Rs. 150 Crores and that the petitioners were carrying on business with a taxable turnover of approximately Rs. 3,880 Crores. It is the contenti....
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.... to have approached the Principal Sessions Court, Chennai, and that the present petitions before this Court are, not maintainable. To counter the above submission, the learned Senior Counsel for the petitioners relied upon the judgment of the Hon'ble Supreme Court in Priya Indoria Vs. State of Karnataka, reported in 2023 INSC 1008, and would contend that the expression "jurisdictional Court" includes both the High Court and the Court of Session. In this regard, the Hon'ble Supreme Court, by placing reliance upon Gurbaksh Singh Sibbia Vs. State of Punjab, reported in 1977 SCC OnLine P &H 157 case, explained that the jurisdictional Court for entertaining an application for anticipatory bail would be either the High Court or the Court of Sessi....
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....re than five years or commission of any serious offence along with the economic offence as it is usually the case in offences under other special statutes dealing with economic offences like Prevention of Money Laundering Act, 2003. Thus, as per the scheme of the CGST Act, though the offence is of economic nature yet the punishment prescribed cannot be ignored to determine the heinousness of the offence. To conclude, in my view the offences under the Act are not grave to an extent where the custody of the accused can be held to be sine qua non." 8. The said order was subsequently affirmed by the Hon'ble Supreme Court in SLP (Crl.) No. 5143 of 2026, dated 25.03.2026. Apart from that, the learned Single Judge of the Telangana High Court, i....
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.... almost all the relevant records have already been seized and are in the custody of the respondent authorities, and the fact that the petitioners have a strong roots in the business community, coupled with their undertaking to cooperate with the investigation, this Court is of the considered view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 11. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the Chief Metropolitan Magistrate (Economic Offence-I) at Eg....