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PARESH NATHALAL CHAUHAN vs. THE STATE OF GUJARAT AND OTHERS
(Supreme Court)

Hon'ble Judges:

SANJAY KISHAN KAUL
M.M. SUNDRESH
Pet. Counsel
D.n. Ray
Chetan Pandya
Dillip Kumar Nayak
Res. Counsel
S.v. Raju
Aastha Mehta
Sairica Raju

Petitioner / Applicant

PARESH NATHALAL CHAUHAN
Respondent THE STATE OF GUJARAT AND OTHERS
Court

SC (Supreme Court)

Date Feb 1, 2022
Order No.

CRIMINAL APPEAL Nos.164-165 /2022 [@ SLP [CRL.]Nos.9458-9459/2021]

Citation

2022(2) TAXREPLY 5738
Original Order
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ORDER

Leave granted. We have heard learned counsel for parties. Learned counsel for the appellant has laid lot of emphasis on the fact that the proceedings arising from evasion of GST were preceded by a search operation where the officers concerned occupied a house for more than a week with lady members there which has been adversely commented upon by the High Court and its judgment dated 24.12.2019. He submits that in the special leave petition filed by the State while issuing notice on 16.7.2021, this Court has specifically observed that without condoning the conduct of the officers notice was issued because by the judgment in question the statutory protection has been waived without hearing the officers concerned. Further submissions of learned for the appellant is that he has been in custody for 25 months out of a total period of 5 years for which he can be sentenced. The investigation is still stated to be pending though complaint has been filed. He states that the endeav....

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