2021 (7) TMI 1155

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..... licants during the pendency of the investigation would not be proper as the prosecution is in the process of collecting further evidence against them - application dismissed.
Prakash Shrivastava Judge For the Applicant in M.Cr.C.No.29331/2021 : Shri Anil Khare, learned Senior counsel with Smt.Manjit P.S.Chuckal, Advocate For the Applicant in M.Cr.C.No.29664/2021 : Shri Hardik Modh, learned counsel with Shri V.V.Jain, Advocate For the Respondent : Shri Amit Seth, learned counsel ORDER Shri Anil Khare, learned Senior counsel with Smt.Manjit P.S.Chuckal, Advocate for the applicant in M.Cr.C.No.29331/2021. Shri Hardik Modh, learned counsel with Shri V.V.Jain, Advocate for the applicant in M.Cr.C.No.29664/2021. Shri Amit Seth, learned .....

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..... e search 75 Foreign Origin bars weighing 1500 gms. were found and these bars were valuing ₹ 75,60,000/-. Along with the bars cash of ₹ 64,85,100/- were also found. Shri Anil Khare, learned senior counsel for the applicant Prakash Sankhla @ Prakash Jain submits that the recovery of 79 gold bars has been made from the three accused namely Dheeraj Rai, Satyam Saini and Nathan Singh Thakur. He submits that the applicant was not present on the spot when the bars were seized nor the vehicle belongs to the present applicant. He also submits that as per the statements of Dheeraj Rai, Nathan Singh Thakur and Satyam Saini these bars were brought for supplying it to Vaibhav Jain. He has also submitted that since the offence under section .....

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..... of Vaibhav Jain has adopted the main arguments which are advanced by Shri Khare. He has further submitted that the GST invoice issued from Saheli Jewellers were produced before the respondent and there is material available that the bars were purchased from Saheli Jewellers. Placing reliance upon the judgment of the Patna High Court in the matter of Commissioner of Central Excise, Customs and S.T. Patna Vs. Gopal Kishan, reported in 2020 (371) E.L.T. 243 (Pat.), he has submitted that once the retail invoice is produced then the offence is not made out. He has also placed reliance upon the order of the Kerala High Court in the matter of Anob T.R. Vs. Union of India, reported in 2021 (375) E.L.T. 176 (Ker.) and has submitted that anticipatory .....

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