Law: Sales Tax Act, 1990

Section: 4,8(1)(d),10(2)(4),23,26,73

Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)---S.497---Sales Tax Act (VII of 1990), Ss. 4, 8(1)(d), 10(2)(4), 23, 26 & 73---Bail, refusal of---Accused was named in the F.I.R. with specific role of committing tax fraud to the tune of Rs.5.59 million---Accused claimed that recovery of Rs. 16,00,000 had already been effected and that further recovery was in progress---Legal Advisor to Customs Department had refuted said claim of accused and stated that no recovery had been effected---Legal Advisor, however, submitted that if an amount of Rs.30,00,000 was deposited with the department, he would have no serious objection to the grant of bail to accused---Counsel for accused had further brought to the notice of the court that co-accused had given an undertaking that he would be ready and willing to make good the loss which had been caused to the department---Said co-accused present in the court kept silent and made an attempt to convince the court that the undertaking had been given by him in different context---Offence with which accused had been charged though did not attract the prohibitory clause of S.497(1), Cr.P.C., but that very fact was not sufficient by itself for release of an accused on bail who was involved in causing loss to the State exchequer---No case for bail having been made out, bail petition was dismissed, in circumstances. ORDER M. BILAL KHAN, J.---Rizwan Latif son of Abdul Latif, petitioner, by filing this petition, seeks post-arrest bail in case F.I.R. No. 1 of 2007 dated 22-9-2007, registered with Collectorate of Sales Tax and Federal Excise G.T. Road, Gujranwala, for offences under sections 7, 8(1)(d), 10(2)(4), 23, 26 & 73 of the Sales Tax Act, 1990 read with sections 33(1) (11)(a)(b)(c) (Amended by the Finance Act, 2005) as 33(1)(11) and 33(1)(13) of the Sales Tax Act, 1990 recoverable under sections 36(1) and 11(2) of the Sales Tax Act, 1990 falling under the purview of sections 37-A and 2(37) of the Sales Tax Act, 1990. 2. The allegation against the petitioner was that he along with his co-accused committed tax fraud and thereby caused loss of Rs.5.59 million to the Government exchequer. 3. The petitioner was arrested on 25-9-2007 and is…

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