Commissioner Of Central Tax vs. Ashok Kumar Jain & Anr.

CRL.M.C./3679/2018HC DelhiGSTCNR DLHC01181054201805 March 2020Bench: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI1 pages
For Petitioner: Mr. Harpreet Singh, Sr. Standing CounselFor Respondent: Mr. Ramesh Gupta, Sr. Adv. with Mr. Bharat Sharma and Mr. Rakesh Chitkara, Advs. Mr. Jai Sahai Endlaw, Adv. for R-2
AI SummaryDismissed

Held

The Court noted that the investigation is now complete, as evidenced by the issuance of a show cause notice. Since no other grounds were pressed, the petition was rendered infructuous.

Facts

The petitioner, Commissioner of Central Tax, filed a petition challenging an order admitting respondents to bail. At the time of filing, the investigation was ongoing, and there was a concern about evidence tampering.

Key Issues

Whether a petition challenging a bail order remains relevant after the completion of the investigation and issuance of a show cause notice.

Sections Cited

GST Act

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3679/2018 COMMISSIONER OF CENTRAL TAX .... Petitioner Through: Mr. Harpreet Singh, Sr. Standing Counsel. versus ASHOK KUMAR JAIN & ANR. ..... Respondents Through: Mr. Ramesh Gupta, Sr. Adv. with Mr. Bharat Sharma and Mr. Rakesh Chitkara, Advs. Mr. Jai Sahai Endlaw, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R %

05.03.

2020

1.

The present petition has been directed against the impugned order dated 04.06.2018 whereby respondents were admitted to bail.

2.

Today, leaned counsel for the petitioner submits that at the time of filing of the aforesaid petition the investigation was still underway and there was an apprehension that the respondents may temper with the evidence. Learned counsel further submits that now the investigation is complete, inasmuch as, show cause notice has been issued on 16.05.2019 under the GST Act.

3.

In view of the fact that the investigation is complete and no other ground is pressed, the present petition has become infructuous and the same is dismissed accordingly.

MANOJ KUMAR OHRI,

The judgment continues below.

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