Gujarat HC denied anticipatory bail to GST Inspector who was demanding bribe for issuing GST registration

Suresh Chand Meena v. Anti Corruption Bureau Faridabad – [2024] 167 taxmann.com 96 (Punjab & Haryana)

The petitioner was a GST Inspector and a complaint was filed against the petitioner for demanding bribe. It was alleged that he had demanded Rs.10,000 from complainant for approving his GST registration. The complainant recorded the conversation and filed complaint with Anti-Corruption Bureau. The petitioner filed application for anticipatory bail before the High Court. The department opposed the bail and submitted that there was evidence of petitioner taking bribe money and then he slipped away by taking advantage of secret passage in premises and absence of proper lighting in said secret passage.

The Honorable High Court noted that the complainant had made a complaint about demand of bribe by petitioner and he explicitly referred to a telephonic conversation in which the complainant was called by petitioner. The said visit was also corroborated by entry No.18 on the visitors’ register, as per which, complainant visited GST office to meet petitioner at 12.00 noon and even phone number of complainant was mentioned in register which further corroborated the complainant’s visit.

Therefore, the Court held that the prima facie case was made out against the petitioner and he was not entitled to bail. The Court also noted that the petitioner took advantage of secret passage in premises and absence of proper lighting in said secret passage and fled away. Thus, the petition was dismissed.