Mr. Waseem Akram Khan vs. The State By
Held
The Court held that anticipatory bail is maintainable only after an order under Section 69 of the CGST Act is passed by the Commissioner authorizing arrest and is communicated to the person. Since no such order was passed or communicated, the apprehension of arrest was considered premature.
Facts
The petitioners sought anticipatory bail apprehending arrest in connection with alleged violations of the CGST Act. They had received summons for an enquiry. The respondent authority stated that no order authorizing arrest had been passed under Section 69 of the Act.
Key Issues
Whether an application for anticipatory bail is maintainable when only a summons for enquiry has been issued, and no order for arrest has been passed under Section 69 of the CGST Act.
Sections Cited
Section 69, Section 70, Section 132
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HC-KAR
CNR: KAHC010435212026 NC: 2026:KHC:46077 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9273 OF 2026 BETWEEN:
MR. WASEEM AKRAM KHAN, S/O. RAHAMATHULLA KHAN, AGED ABOUT 42 YEARS, OCC: PROPRIETOR OF M/S. MEHRAN STEEL INDUSTRIES, NO.3/2, KUMBALAGUDU, KENGERI, KAMBIPURA VILLAGE, BENGALURU – 560 060. 2. MR. MEHRAN PASHA, S/O. ASLAM PASHA, AGED ABOUT 31 YEARS, OCC: PERSON-IN-CHARGE OF M/S. MEHRAN STEEL INDUSTRIES, NO.3/2, KUMBALAGUDU, KENGERI, KAMBIPURA VILLAGE, BENGALURU - 560 060. …PETITIONERS (BY SRI. BALAKRISHNA M.R., ADVOCATE) AND:
THE STATE BY ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT), SOUTH ZONE, ROOM NO.204, NANDINI M S Location: HIGH COURT OF KARNATAKA HC-KAR
CNR: KAHC010435212026 NC: 2026:KHC:46077 2ND FLOOR, B BLOCK, V.T.K.-2 BUILDING, RAJENDRANAGARA, KORAMANGALA, BENGALURU – 560 047. REPRESEN
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