| Citation(s) |
|---|
| 2020 SLG 627 2020 SLD 627 2020 PTD 710 (2020) 122 TAX 462 |
Sindh High Court
Special Criminal Pre-Arrest Bail Application No. S-28 of 2018, decision Dated: 12-07-2019.
FAHIM AHMED SIDDIQUI, JUSTICE
Petitioner(s) by: Khan Zaman
Respondent(s) by: Zahid Khan A.A.G. for the State.
Special Criminal Pre-Arrest Bail Application No. S-28 of 2018, decision Dated: 12-07-2019.
FAHIM AHMED SIDDIQUI, JUSTICE
Petitioner(s) by: Khan Zaman
Respondent(s) by: Zahid Khan A.A.G. for the State.
MUHAMMAD AKRAM YOUSUF
VS
THE STATE
Law: Sales Tax Act, 1990
Section: 33(3),33(5),33(8),33(11C),33(13),33(16), 33(18)
Law: Criminal Procedure Code (V of 1898)
Section: 498
Sales Tax Act (VII of 1990)--- ----S. 33(3), (5), (8), (11C), (13), (16) & (18)---Criminal Procedure Code (V of 1898), S. 498---Use of login and passwords of a company by some fraudsters to file fake sales returns and issue fake sales tax invoices to generate illegal input tax adjustments/refunds --- Pre-arrest bail, confirmation of---Further enquiry allegedly, through that practice, a loss of Rs. 10.401 billion was caused to government exchequer---Illegal and inadmissible input tax had fraudulently been adjusted in the name of units/accused persons mentioned in the FIR----Present accused had allegedly issued flying invoices, as such the entire case against him rested on documentary evidence; therefore, there was no chance of tampering with the prosecution evidence---Allegedly, it was revealed after investigation that the login and password of a company were used by some fraudsters but record was silent about hacking of login and password---Chances of leaking or passing off existed in respect of the login and password from the said company and on that aspect the investigators did not bother to probe---Investigators yet not succeeded in tracing out the phone number, device location and base station of the IP address from where the said invoices were generated---Interim report revealed that Pakistan Telecommunication Authority was unable to locate the longitude and latitude to pinpoint the address due to lapse of time---Real offender behind the generation of fake sales tax invoices was yet to be traced out---Case against accused needed further probe, in circumstances---Accused had successfully made out a case of pre-arrest bail---Interim bail order passed in favour of accused was confirmed, in circumstance. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- This order will suffice for disposal of the instant bail application filed by the applicant Muhammad Akram Yousuf son of Muhammad Yousuf. The applicant is seeking relief of pre-arrest bail in a case registered against him through FIR No. 678/DCl/STFE/Jinnah Impex/2011 under Section 33(3), (5), (8), (11C), (13), (16) and (18) of the Sales Tax Act, 1990, as his such plea was declined by the Special…
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