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Maharashtra

Bombay HC Quashes Bank Attachment Order, Says Action Without Due Process Violates Civil Rights

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Mumbai: Attaching an individual’s bank accounts without due process amounts to a breach of civil rights that can effectively bring a ‘live death’ to business, the Bombay High Court observed while quashing a provisional attachment order issued by a Joint Commissioner of State Tax and imposed costs of Rs 25,000 on the officer.

A bench of Justices Girish Kulkarni and Aarti Sathe allowed a petition filed by Nivara Infradevelopers LLP challenging the January 23 order under the MGST/CGST Act, 2017, by which its bank accounts were attached.

Terming the action an “apparent abuse of the powers” vested in tax authorities, the court said, “We are of the opinion that the impugned attachment is required to be interfered [with] as the impugned action… has seriously breached the civil rights of the petitioner without following the due procedure of law.”

According to the plea, the Joint Commissioner issued a pre-attachment communication on January 23 and, on the very same day, proceeded to attach the firm’s accounts with Punjab National Bank and Saraswat Co-operative Bank Ltd, without waiting for a reply or granting a hearing.

The petitioner argued that the action was “high-handed, arbitrary and based on extraneous considerations,” pointing out that neither the pre-intimation notice nor the attachment order disclosed any opinion regarding alleged tax evasion or even specified the relevant period.

Under the law, the officer must form an opinion based on tangible material before ordering provisional attachment. The petitioner contended that no such exercise was evident.

On January 30, the firm submitted a detailed objection and even offered alternate security, but this was not considered and the attachment continued, it said.

The court noted that the state was unable to justify the action beyond what was stated in the attachment order. It also found “absolute vagueness” in the pre-intimation notice, observing that the “mandate and requirement of law has been given a complete go by” in taking such coercive steps.

Agreeing that the action appeared high-handed, the bench said that when “drastic” powers are conferred on authorities, they come with an “onerous duty” to strictly follow legal procedure, adding, “There cannot be a conscious departure from such mandatory requirements of law.”

“It is the rule of law which is taken to ransom by such officials when they knowingly breach the law, that too with impunity,” the court said, adding that adherence to procedure would prevent much litigation.

Calling it a “gross” case of breach of legal requirements, the court said the continued attachment for over three months deprived the petitioner of rights under Article 300A of the Constitution of India and put the business to a “live death”.

The court quashed the order and directed the officer to deposit Rs 25,000 with the Maharashtra State Legal Services Authority within two months, while granting liberty to issue a fresh show-cause notice based on tangible material.

Maharashtra

Case registered against Bajrang Dal workers for bringing pigs to create ruckus in Mira Bhayander, two FIRs registered for disturbing the environment

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The police have registered a case against the miscreants for creating a ruckus and disturbing the environment in Poonam Coaster Society, two cases of interference in the communal and government work. On the other hand, the police have registered a case under the Maharashtra Police Act against 50 to 60 volunteers including Bajrang Dal’s Nagnath Kamble for disturbing the order. In Poonam Coaster, two cases of rioting and one case of assault and injury to a Bajrang Dal volunteer have been registered in this case. The accused has been arrested, while the investigation of the other two cases is underway. All three cases have been registered at Kashi Mira Police Station.

Regarding the above-mentioned cases, tension had arisen due to the tethering of goats in the premises of the Poonam Cluster One building society in Kashmira police station limits. Three crimes have been registered in Kashi Mira police station limits.

A case under Section 118(1), 115(2) of the IPC has been registered at Kashi Mira Police Station. According to the details, at 12.50 pm, on the footpath in front of the cake shop near the gate of Poonam Cluster 01, Mira Road East District Police Station, Poonam Cluster 01 Society Bajrang Dal worker Nath Kamble along with some residents of the society were present here and were talking to Nagnath. An attacker, aged around 40 to 45 years, dressed in a white full-length shirt and blue jeans, tried to stab Nagnath Kamble from behind with a knife. At that time, the plaintiff brought his left hand into the bag to save him. When 16-year-old Karan Jain, who was standing behind the plaintiff, tried to catch her, she punched Karan Jain on the right cheek and then the attacker attacked and fled. In this case, the police have arrested the accused after registering a case. Now, along with this, the police have registered a case under sections 132, 196, 3(5) of the BNS. In this case, the police have arrested Bajrang Dal worker Durgesh Jaiswal, aged 30 to 35 years, 2. Harsh Singh, 22 to 25 years 3. Mohit Chaurasia, aged 35 years, a resident of Mira Bhayander, a 25 to 30-year-old young man wearing a blue half-t-shirt and black pants, long hair, raised religious slogans here. In addition, by bringing the white pig to this location and trying to forcefully take it into the premises of the society, they raised provocative slogans that promoted enmity between classes on the basis of religion and caste, incited hatred, disrupted harmony and disrupted public order, tried to take the pig into the premises of the society, protested against the government and tried to incite violence among Muslims. When the police intervened in this matter, they obstructed the performance of official duties. The police have registered a case in this matter. Similarly, the police have also registered a case against the Bajrang Dal activists who spread unrest here. The police have registered a case under the Maharashtra Police Act against them. They include Bajrang Dal activists Nagnath Kamble aged 50 to 55 years, Rupesh Dubey aged 40 to 45 years, Ankit Mishra aged 25 to 30 years, Rakesh Kotian, Suraj Sahu aged 25 to 30 years, Pawan Thakur, Bhajayal Rashyal, and others aged 50 to 60 years. All of them had created a ruckus in the society here along with destroying the peace of the society and trying to spoil the situation, after which the police took this action. Now peace has been established here but tension also persists.

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Maharashtra

Fugitive accused arrested in Mumbai Powai murder case, anger over dispute a week ago was the motive for the murder, police investigation after the murder concluded

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Mumbai: Crime Branch Unit 10 has claimed to have arrested the absconding accused involved in the murder from Surat Gujarat. According to the details, on May 24, the body of a 55-year-old man named Yusuf was found in Powai Tanga village, Saki Vihar. Someone had stabbed him to death with a sharp weapon and stabbed him on the chest. The police registered a murder case in this matter and started investigation. Then they examined about 100 CCTV footage in this matter and it was found that the accused had fled after the murder in Gujarat. After that, the police arrested the accused from here and handed him over to Powai police for further action. The accused, Deepak alias Deepa Nathu Prasad Verma, 26, had an argument with Yusuf over something a week ago, which angered him and he killed Yusuf and fled. The police have taken action in this matter and claimed to have arrested the accused and solved the case. This action was taken by DCP Detection Nonath Dhole on the instructions of Mumbai Police Commissioner Devin Bharti. .

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Maharashtra

Mumbai ANC Action Drug trafficker Haroon sent to Yeru Da Jail for one year

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Mumbai: Anti-Narcotics Cell ANC has sent drug smuggler Haroon Farooq Khan (41) to Pune Yerwada Jail for one year. A case has been registered against him under the NDPS Act. The accused was found involved in drug trafficking even after being released on bail, so while taking action against him, ANC proposed action against him under the PIT NDPS Act, 1988 and after approval from the Home Ministry, he has been sent to Yerwada Jail for one year. Haroon is active in drug trafficking. There are 8 NDPS cases registered against him in different police stations.

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