Badha Ram vs. Intelligence Officer
Held
The High Court granted regular bail to the petitioner, noting his custody since November 13, 2023, and the progress of the investigation, despite the serious nature of the charges. Bail was subject to strict conditions, including executing a bond for Rs. 2,00,000/-, depositing Rs. 10,00,000/- as security, and surrendering his passport.
Facts
The petitioner, a wholesale distributor of mobile accessories, was accused of evading GST amounting to Rs. 6.14 crores since 2018 by supplying goods without issuing invoices. He was arrested on November 13, 2023, following a raid by the Kerala State GST Department.
Key Issues
The key legal issue was whether the petitioner, accused of significant GST evasion, should be granted regular bail under Section 439 of the Cr.P.C. given his period of detention and the status of the investigation.
Sections Cited
Section 132(1) of the Kerala State Goods and Services Tax Act, 2017
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945 BAIL APPL. NO. 11586 OF 2023 CRIME NO.7/2023 OF Control Room, KTM, Kottayam AGAINST THE ORDER/JUDGMENT Bail Appl. 10492/2023 OF HIGH COURT OF KERALA PETITIONER BADHA RAM AGED 32 YEARS S/O. JOITARAM, HAVING OFFICIAL RESIDENCE AT MODAKA DWARA, JERAM JALLOR, RAJASTHAN NOW RESIDING AT SOUPARNIKA, NEAR UNION CLUB, THIRUNAKKARA WEST NADA, KOTTAYAM -, PIN – 686001 BY ADVS. PRADEEP JOY DHARMYA M.S K.DHRUV KUMAR HARIKRISHNAN M.S. ROHAN KUMAR ANJALY ANN JOSEPH SHAKTHI PRAKASH RESPONDENTS 1 INTELLIGENCE OFFICER KERALA STATE GST DEPARTMENT OF INTELLIGENCE UNIT ALAPPUZHA -, PIN – 688001 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI. MOHAMMED RAFEQUE, SPL. GP SYED THANGAL, GP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 11586 of 2023 2 MOHAMMED NIAS C.P, J. --------------------------------------------- B.A. No.11586 of 2023 -----------------------------
The judgment continues below.
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