9911796707
TMI Blog2022 (7) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not aware of the contents of panchbama dated 25.01.2022. Even otherwise, during the course of proceedings, the petitioner Aishwarya Attrey as well as Ritesh only subsequently joined the proceedings as referred in panchnama. Further, no recovery of the gold has been effected despite joining of the investigation by the petitioner pursuant to the interim protection granted by this Court vide order dated 12.04.2022. On the basis of recoveries effected from the residential/rental premises of the petitioner, no incriminating evidence pertaining to the proceedings conducted by the raiding party have been brought on record except to the extent that a cash of Rs.11 lacs was recovered from the premises. The explanation for the same is stated t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulous persons with some custom house agents are involved in availing fraudulent Input Tax Credit by making exports from some nonexistent firms. One Tinku Yadav, allegedly the mastermind in the creation of numerous fake firms was arrested on 29.11.2021 and in January, 2022 statements of Satish Jain and Govind Sharma were recorded wherein they claimed that one Yogesh Mittal and his son Saurabh Mittal along with other persons were involved in creation of bogus firms. Based upon the aforesaid information, searches were conducted at the premises of Yogesh Mittal and Saurabh Mittal and summons were issued to both under Section 70 of CGST Act, 2017, pursuant to which Yogesh Mittal appeared and was arrested under Section 69 CGST Act. However, Saura ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proximately 73 gold coins, 4x50 gram gold bar, 2x100 gram gold bar were also taken by Aishwarya Attrey (petitioner) of the record and was one of the team member that day. 6. At this stage, learned SPP for CBI has further clarified that acting on the aforesaid complaint, a trap was laid and co-accused Rakesh was arrested while another co-accused Praveen escaped from the spot. Further efforts were made to arrest Mohit Dhankar but in effort to escape, he sustained some injuries. Search warrants were thereafter taken against the present petitioner by the CBI and further investigation is underway. 3. Interim protection was further granted to the petitioner after considering the detailed contentions made on behalf of the petitioner, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atus report has now been filed on record. Learned SPP for CBI opposes the bail application and it is submitted that during investigation, search of the residential premises of the petitioner was conducted at Bulandshahar, UP. However, he fled away from the residence before arrival of CBI team. Further, the rental premises of the petitioner located at Raj Nagar Extn., Ghaziabad was found locked and sealed on 21.03.2022. On searching the said premises, incriminating documents, laptop, pen drive and cash of Rs.11 lacs was seized. Reference is also made to the searches conducted at the house of the main accused Mohit Dhankar from where incriminating documents and cash of Rs.28 lacs was seized. Apart from above, it is also contended that the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught to the contentions raised. It has already been observed that no whisper was made on behalf of the complainant from 25.01.2022 till 19.03.2022 despite being represented through counsels in proceedings initiated by him, with reference to raid conducted on 25.01.2022. The signatures of Yogesh Mittal are duly appended on copy of panchnama which had been produced on 12.04.2022 during course of submissions by counsel for petitioner. In view of above, it cannot be assumed that Yogesh Mittal or Saurabh Mittal (son of Yogesh Mittal) were not aware of the contents of panchbama dated 25.01.2022. Even otherwise, during the course of proceedings, the petitioner Aishwarya Attrey as well as Ritesh only subsequently joined the proceedings as referred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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