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Deepak Kumar Daiya-vs-The State of West Bengal & Ors.-2026-juristway.com-3295-HC(Calcutta)-GST
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2026-juristway.com-3295-HC(Calcutta)-GSTDeepak Kumar Daiya v State of West Bengal
✓ Good LawDismissed2 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3295-HC(Calcutta)-GST

Deepak Kumar Daiya

versus

The State of West Bengal & Ors.

Court - Bench
In The High Court (HC) - Calcutta
Date of Judgment
04 November 2026
Judges
Hon'ble Mr. Justice Sabyasachi Bhattacharyya, Hon'ble Mr. Justice Arjun Ray Mukherjee
Case Number
MAT 1916 of 2026 with CAN 1 of 2026
Advocate (Petitioner)
Mr. Sanjib Mitra Mr. Chandrachur Biswas, Ms. Sulogna Chowdhury
Advocate (Respondent)
Mr. Dibyendra Narayan Ray - Ld. G.P., Ms. Sarbani Chakraborty, Mr. Guddu Singh
Quick ref
Takeaway

FIR Under GST Act and BNS — Want of Commissioner's Sanction Under Section 132(6) — No Interim Protection — An FIR alleging offences under both the State GST Act and several provisions of the Bharatiya Nyaya Sanhita cannot be held vitiated in its entirety at the threshold for want of the Commissioner's prior sanction under Section 132(6) or non-compliance with the prosecution threshold, since the BNS offences stand independently; the accused may challenge the clubbing of the GST offences at trial or a later stage.

Digest & Analysis
Litigation Digest

In Deepak Kumar Daiya v. State of West Bengal, 2026-juristway.com-3295-HC(Calcutta)-GST, where the appellant challenged a Single Judge's order dated 22.10.2026 in WPA 20184 of 2026 refusing to stay or quash an FIR alleging offences under Sections 132 and 133 of the WBGST Act, contending that prior sanction of the Commissioner under Section 132(6) was required, that a notification dated 01.09.2022 contemplated prosecution normally only where the amount exceeded Rs. 500 lakh, and relying on Radhika Agarwal v. Union of India and the Madhya Pradesh High Court in Deepak Singhal v. Union of India, the Division Bench held that the FIR also alleged offences under Sections 316(2), 316(5), 318(4), 336(2), 336(3), 337, 340(2) and 61(2) of the BNS, so that the rigours of the GST Act did not govern the FIR in its entirety and it could not be held vitiated at that premature stage (paras 6–7), leaving the appellant at liberty to challenge the clubbing of the GST offences without sanction at trial or a later stage under the BNSS; the appeal was dismissed on contest and the Single Judge's order affirmed, the merits being left open (paras 8–10).

✎ Editor's Note

The order allows GST-related prosecutions to proceed through the police where the FIR also invokes BNS offences such as cheating and forgery, leaving the sanction requirement of Section 132(6) to be tested later. That is a significant practical gap: an accused cannot obtain threshold relief merely by showing absence of sanction if the FIR is drafted under both statutes. Practitioners should therefore examine whether the BNS allegations are independently made out on the complaint, since that, rather than the GST sanction point, determines quashing; the Madhya Pradesh view that the GST authorities cannot bypass the Act by invoking general penal law was cited but not engaged with. The appellant retains liberty to raise the sanction and threshold issues at trial or under the BNSS, and bail strategy should be planned accordingly. The "notification dated September 1, 2022" referred to appears to be the prosecution guidelines of that date, which are instructions rather than a statutory notification; this, and the reference to "Clauses (a) to (b)" of Section 132(1), should be checked. Para 8 refers to "MAT 1916 of 2016".

Disclaimer: This content reflects the editor's personal views and should not be treated as a legal opinion or professional advice.

Full Text
Judgment & Order
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