9911796707
TMI Blog2022 (12) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... .C., seeking regular bail in connection with the offences registered under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Service Tax, 2017 (hereinafter referred to as 'CGST Act' for short, in File No. : DGGI/INV/GST/ 1093/2022. 3. Heard learned Senior Counsel Mr. Manish Bhatt, assisted by Mr. A.N. Mehta, learned advocate for and on behalf of the applicants, Mr. Utkarsh Sharma, learned Standing Counsel appearing for the respondent no. 2 and Mr. Manan Mehta, learned APP for the respondent State. 4. Mr. Manish Bhatt, learned Senior Counsel for the applicants urged the following contentions : (i) It was submitted that pursuant to the summons issued under Section 70 of the Act, statements of both the applicants were recorded u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings. The investigation has been exhaustively undertaken by the authority and during the search and seizure, necessary documents as well as electronic evidence including laptops, mobile, pen drive, have been seized and same is with the department; (v) The maximum punishment is upto 5 years. The applicants are in custody since 28.04.2022 and they having deep roots in the society and they are not habitual offenders.; (vi) Considering the pendency of the cases, there is no chances to conclude the trial in reasonable time and therefore, keeping behind the bar applicants, for indefinite period would certainly violate the fundamental right of freedom as guaranteed under Article 21 of the Constitution of India; 5. In the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and after analysis of GSTR-2A, 3B, it was reveal that the firms were involved in bogus invoice transactions to claim ineligible input tax credit. On 26/27.04.2022, search was carried out at the premises of M/s. Nirmala Corporation, which is Proprietorship concern of applicant Raj Suchak. The firm is engaged into the trading of technical grade urea and acetic acid. During the search proceedings, the officers have recovered cash amount of Rs.2,38,00,000/- and out of the amount, the unaccounted cash found to the extent of Rs.2,19,95,000/- and same was seized. That it was further found during the investigation that the applicant Raj Suchak, supplied fake invoices to 7 different business entities which are found nonexisting / bogus firms. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mplaint is filed before the competent court. In such circumstances, when trial would take considerable time and the respondent authority failed to make out a case that further custody of the applicant is necessary, the detention for further period is unwarranted; (ii) The authority has already seized more than 10% amount and on instructions, learned senior counsel stated that the seized amount be treated as deposit, without prejudice to the rights and contentions of the applicants; (iii) The applicant VG Pragada is not the Proprietor of any firm, related to the applicant Raj Suchak, as being a tax consultant, on commission basis, he acted for and on behalf of Raj Suchak; (iv) Maximum punishment is upto 5 years and the offence is co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons Judge concerned; (e) furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the trial Court; 12. The authorities shall release the applicants if they are not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicants. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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