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TMI Blog2021 (8) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... rivers, prima-facie, show that goods were delivered at the request of M/s. Bansal Traders to and at the godown premises of Sarfaraz. In consideration of the facts of the case and the evidence collected in the course of investigation, there are reason to believe that, goods were supplied by the complainant to the applicant. No case is made out for granting pre-arrest protection to the applicant - Application rejected. - ANTICIPATORY BAIL APPLICATION NO. 1800 OF 2021 - - - Dated:- 10-8-2021 - SANDEEP K. SHINDE, J. Mr. Subodh Desai a/w. Ms. Uma Sharma and Mr. K.S. Garg i/by. Dharam Company, Advocate for the applicant. Mr. H.J. Dedhia, APP for State. Ms. K.H. Rajani for Original Complainant-Intervenor. Ms. Archana C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing service provider, transferred 300 bags of cloves in the name of applicant s firm, M/s. Bansal Traders. On 4th March, 2020, 150 bags of cloves were delivered at Godown No.G-39 of Sarfaraz, spice market premises. On 5th March, 2020, the second consignment of 150 bags of cloves were delivered to Sarfaraz at his godown. Soon thereafter, complainant has drawn the invoices. He filed the GST returns. Since the complainant did not receive the payment, notice was issued to the applicant and the co-accused, Sarfaraz and were called upon to make the payment. Applicant replied the notice through his Advocate stating that, he had not received the goods from the complainant. After which on a written complaint, crime in question came to be registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the complainant, clove bags were transferred from Lot No.1333 in the name of M/s. Bansal Traders, vide receipt No. 2667. The statement of Mishra, shows that, Keshav Prem Prakash Bansal, son of the applicant had called him on mobile asking him to deliver 300 bags of cloves in vehicle Nos. MH-04-DS-4070 and MH- 04-AL-9188. Owner of these vehicles, Mr. Yadav, told the police that, on 4th March, 2020 of M/s. Bansal Traders called him on mobile and asked to make available two vehicles for transporting 300 bags of cloves. The statements of drivers, reveals that, on 4th March, 2020 and 5th March, 2020, they had delivered 300 bags (150 +150) of cloves at Godown G-39 at spice market, Navi Mumbai. Mr. Dedhia, submitted that the Investigating Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. Herein, the response of the Assistant Commissioner, CGST in clear terms says, that M/s. Bansal Traders has availed the ITC against Invoices No.106 and 107. Besides, the statements of the Manager of the Warehouse, owner of the trucks and the statements of drivers, prima-facie, show that goods were delivered at the request of M/s. Bansal Traders to and at the godown premises of Sarfaraz. In consideration of the facts of the case and the evidence collected in the course of investigation, I have reason to believe that, goods were supplied by the complainant to the applicant. In my view, no case is made out for granting pre-arrest protection to the applicant. The application is rejected. 7. It is made clear that, observations made herein ..... X X X X Extracts X X X X X X X X Extracts X X X X
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