The Bombay High Court disposed of an anticipatory bail application filed by Future Group non-executive director Sunil Biyani in a GST-related case, observing that the plea was premature in the absence of an arrest order.
The court, however, granted limited protection to Biyani, directing that if an arrest order was passed under Section 69 of the Central GST Act, he should not be arrested for one week from the date of intimation.
Section 69 of CGST Act deals with power to arrest a person suspected of GST evasion.
Biyani had approached the court apprehending arrest pursuant to summons issued to him under Section 70, which empowers GST officials to call any person to provide evidence or produce documents during an investigation.
On January 23, the court directed the special public prosecutor to produce any arrest order in the matter.
In response, the government filed an additional affidavit on February 4 stating that no such order had been passed.
Recording this, Justice NR Borkar observed in his order Friday that in the absence of a Section 69 order, the applicant cannot be arrested and, therefore, the anticipatory bail application could not be entertained at this stage.
Source from: https://economictimes.indiatimes.com/news/india/high-court-disposes-of-future-group-director-sunil-biyanis-anticipatory-bail-plea-in-gst-case/articleshow/128435527.cms?from=mdr
