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TMI Blog2021 (3) TMI 144X X X X Extracts X X X X X X X X Extracts X X X X ..... man Thukral should be submitted before the competent jurisdiction court of Ld. C.M.M. Patiala House Court, New Delhi as per procedure - The accused Daman Thukral is detained in the transitory District Prison, Meerut. The department/lnvestigator is ordered to submit an application to the concerned court regarding summoning the accused for advance/ transit of remand. Application disposed off. - Case No. 69/2020 - - - Dated:- 8-12-2020 - (ANUJ KAMBOJ) SPECIAL CHIEF JUDICIAL MAGISTRATE MEERUT. Advocate for Accused: Harsh Sethi, Parvez Alam, Sarvapriya Makkar and Anant Nigam Advocate for Department: Akshya Kumar Singh. Disposal of Application under Section 179 Cr.P.C. The petition is fixed for Order. The counsel of accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cutor while raising objections to above application has submitted that the case registered by DGGI against the 3 non-existent firms of Delhi M/s. Nagpal Sons, M/s. Kumar Sons and M/s. Nandi Sales is not fresh. This case started in the year 2019 against M/s. Nagpal Sons and M/s. Kumar Sons. The above companies were investigated in business with 20 fake firms formed by Akhilesh Sharma, Madhusudan Pandey and Rahul Jain. The above three persons were arrested and produced before the Court of Special Chief Judicial Magistrate, Meerut. Investigation is still going on in the above case and the Charge Sheet has not been filed by the department before the court. Since the case presented is related to the case of Akhilesh Sharma, Madhusudan Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the alleged allegations against Daman Thukral, because no alleged invoices were directly issued or received by companies controlled by Daman Thukral to the companies of Akhilesh Sharma, Madhusudan Pandey, Rahul Jain. The case of Akhilesh Sharma, Madhusudan Pandey, Rahul Jain was not linked by the Department to the case of the Applicant at the first instance which is clear from the custodial application dated 8.11.2020. In which the names of Akhilesh Sharma, Madhusudan Pandey, Rahul Jain are not mentioned. Till date, there is no evidence of accused Daman Thukral being directly transacted with the above three persons. The remand of accused Daman Thukral was taken from this Court as it was related to the arrest of Akhilesh Sharma, Madhusuda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch is registered in the name of his employee Hridayram. The said three firms were named registered in the name of the employees working in the office of the accused with the department, by passing oh ITC of about 35.25 Crore rupees between his firms, he managed to pass off ITC without actual supply of goods. The accused has admitted' that he has registered his company/firm in Delhi. As per provision of Section 70 CGST Act, 2019 after recording the statement of the accused in the concerned department, voluntarily, without coercion, pressure on 17.11.2020 and on after getting reason to believe, the accused was arrested under the provision of Section 69, CGST Act 2017 on 18.11.2020. Thereafter, the accused was was presented on the same day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 (11) TMI 714 - DELHI HIGH COURT has been filed. The above case is under D.G.G.I. Ghaziabad, Regional Unit which comes under DGGI Meerut Zonal Unit, Meerut done inquiry/investigation of the accused and other witnesses u/s 70 GST Act. Jurisdiction was not violated by the concerned investigator. The D.G.G.I. unit from which the accused will be arrested will have the jurisdiction of the same. application submitted by the accused has been prayed to be dismissed. In support, photo copy of notification, photo copies of e-bill, photo copy of account opening form in bank photo copy of summons issued to Daman Thukral, photo copy of statement of Daman Thukral has been filed. Heard. All records, were observed. The Ld. Counsel of the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the three firms, M/s. Nagpal Brothers, M/s. Kumar Sons and M/s. Nandy Sales, related to the Noida-based companies, on the basis of which the accused was arrested. The residence of the accused is Delhi and his firms are also located and registered in Delhi where it is alleged to have passed on ITC by creating fake invoices. The prosecution in its objections has stated that the accused Daman Thukral has been said to be related to the investigation/inquiry being conducted against Akhilesh Sharma, Madhusudan Pandey and Rahul Jain. Whereas, the department has neither interrogated Daman Thukral in regard to the same nor explained how the case of accused Daman Thukral is related to the above mentioned three persons mentioned in the state ..... X X X X Extracts X X X X X X X X Extracts X X X X
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