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2022 (12) TMI 764 - HC - GSTSeeking grant of regular bail - clandestine procurement as well as supply of raw tobacco with an intent to facilitate the actual manufacturer for unaccounted manufacture and supply of Jarda in contravention of the applicable GST/CE law with mala-fide intent to evade the duty levied by the Government - HELD THAT:- The petitioner is behind the bars since 21.07.2022. Complaint has been filed on 17.09.2022. Under Section 132 of the Act of 2017 alleged offence is punishable with imprisonment for a term, which may extend to five years and with fine. Hon’ble Apex Court in the case of LALIT GOYAL VERSUS UNION OF INDIA & ANR [2022 (8) TMI 1319 - SC ORDER] did not interfere with the impugned order dt.07.09.2021 passed by Coordinate Bench of this Court in [2021 (9) TMI 1347 - RAJASTHAN HIGH COURT] S.B. CRLMB No.13042/2021, whereby the bail application of petitioner therein was dismissed in which he was arrested 22.02.2021. Submission made by learned counsel for the respondent was that the petitioner and other persons had taken part in various firms and also claimed Input Tax Credit of Rs.18.91 Crores without any transportation of goods. However, Hon’ble Apex Court decided the aforesaid Case on 26.08.2022 and since then the accused had remained in custody for a period of about one year and six months. In the present case, the allegation against the petitioner pertains to an amount of Rs.15,57,28,345/- and custody period is about three months, therefore, looking to the above facts, circumstances, nature and gravity of the offence, this Court deems it not proper to enlarge the accused-petitioner on bail. Instant bail application is dismissed.
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