2023 (6) TMI 445 - HC - GST

Seeking grant of anticipatory bail - bogus E-way bill - there was no transaction and yet the e-way bills were generated - HELD THAT - Considering the fact that when the preliminary investigation carried out by Investigating Officer has revealed that the goods have been never been at the desired place and the vehicle has never travelled from Gandhidham to Patan or Deesa. in absence of there being any actual transaction, prima facie, it seems that the bogus e-way bills were generated and hence, considering the fact that the amount involved is more than 1,84,00,000/-, this Court does not deem it appropriate to exercise the powers under section 438 of the Criminal Procedure Code and therefore, the present applications are required to be dismissed. Hence, the same is dismissed.

Summary

Issues involved: Application for anticipatory bail u/s 438 of the Code of Criminal Procedure, 1973 in connection with FIR for offences u/s 406, 420, 465, 467, 468, 34 and 114 of the Indian Penal Code.

Details of the Judgment:

1. The applicant sought anticipatory bail in connection with an FIR where the complainant alleged outstanding amount of Rs. 1,84,10,548/- was not repaid by the present applicants, who claimed to be influential and refused to pay. The applicants were accused of creating bogus e-way bills to deceive the complainant.

2. The applicant's advocate argued that the e-way bills were not accepted or rejected within the stipulated time frame as per C.G.S.T. Rules, indicating actual delivery of goods. He also claimed that no notice for the outstanding amount was issued to the applicants, suggesting false framing in the complaint.

3. The advocate further contended that one set of applicants were not partners in the N. P. Industries, distancing them from the alleged offenses.

4. The respondent vehemently opposed the bail application, presenting police findings that the e-way bills were generated online and the mentioned vehicle numbers did not correspond to actual movements of goods, indicating the bills were bogus.

5. The respondent argued that the applicants closely associated with N. P. Industries were involved in the offense as they administered the business and acted on its behalf. Given the absence of any actual transaction and the significant amount involved, the Court dismissed the bail applications.

6. The Court held that since the interim relief was granted earlier, it stands vacated upon the dismissal of the applications, rejecting the request for extension of the relief.

7. The Court concluded that due to the lack of actual transactions, the generated e-way bills being bogus, and the involvement of the applicants with N. P. Industries, the bail applications were dismissed, and the interim relief was vacated.