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Ratnambar Kaushik vs Union of India

SLP(Crl) · 2022 INSC 1254Decided 5 Dec 2022
SLP(Crl) No. 10319 of 2022

Background

The petitioner was arrested and accused of clandestinely transporting large quantities of unmanufactured tobacco, allegedly for unlawful manufacture and sale of chewing tobacco (zarda) without paying GST and cess, with tax authorities estimating evasion of over ₹15.5 crore. His bail application was rejected by the Rajasthan High Court, and he approached the Supreme Court.

Decision Breakdown

The Supreme Court granted bail. It declined to go into the disputed facts about the exact amount of tax allegedly evaded, since that was for the trial court to determine on evidence. It noted the petitioner had already been in custody for over four months, the investigation was complete and a charge sheet filed, the maximum sentence for the relevant offence was five years, and the evidence in such economic-offence cases is mainly documentary/electronic and given by official witnesses, so there was little risk of tampering or intimidation if the accused were released. Bail was granted subject to conditions including deposit of the passport.

Lesson Learnt

In economic offences where the prosecution's evidence is largely documentary and the risk of witness tampering is low, prolonged pre-trial custody after completion of investigation is not automatically justified. Courts weigh custody duration, likely sentence, and completion of investigation in deciding bail.

Official source (sci.gov.in)View Judgment (PDF)

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