Further investigation alone cannot justify continued custody where the triple test supports conditional regular bail in tax-fraud allegations.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Further investigation after expiry of the statutory period, without any remaining recovery or discovery, does not by itself support continued custody in alleged fraudulent input tax credit matters. Where the offence carries a limited maximum sentence and is triable by a Magistrate, risks of interference with evidence, witnesses, or investigation should be assessed under the triple test and addressed through bail conditions. Continued incarceration pending a potentially lengthy trial may amount to pre-trial punishment, contrary to the principle that bail is the rule and jail the exception. Conditions may require cooperation with investigation, attendance at trial, and non-tampering with evidence or witnesses.....
TaxTMI