TMI Blog2022 (9) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... e, has violated condition No.1 and 2 of bail order dated 17.02.2022 of Ld. Predecessor of this Court. Furthermore, since proper reasoning has been given by the department as to why question pertaining to M/s Zam Zam Exim Pvt. Ltd. has been put to the accused and that accused cannot avoid investigation or ignore summons issued by the department for joining investigation by raising grounds now regarding jurisdiction etc. when present application for cancellation of bail has been filed and accused has a right to silence but cannot ignore the summons issued by the department to join investigation especially when accused did not move for quashing of notice/summons himself, therefore, present application is allowed and bail granted to accused vid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that all the 14 firms were found non-existent and details of transporters were gathered from E-way bill data and M/s. Best Logistics India was identified as the transporter operating from Faridahad. On further investigation, it was found that transportation vehicles were booked by Sh. Ravi Sharma and goods were to be loaded from premises in Tri Nagar, Delhi but were actually loaded near Inder Lok Metro Station. When the premises at Tri Nagar, Delhi were searched, it was found that the premises belong to one Mr. Sadie Alam, who in his statement stated that leather wallets and belts were sold by him to one Sabahuddin in cash without issuing any invoices and value of goods sold was Rs.14 lakhs and pursuant to the same, accused Sahabuddin was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 14.03.2022 were issued for accused to appear on 17.03.2022. Accused appeared before SIO on 17.03.2022 when his statement was recoded but summons dated 19.04.2022 and 29.04.2022 issued to the accused to appear before SIO and to furnish requisite documents on 25.04.2022 and 05.05.2022 were not honoured by the accused. In reply to summons dated 19.042022, accused send an e-mail dated 25.04.2022 informing that due to the month of Ramadan and fasting he was unable to collect the desired documents and sought two weeks time and in reply to summons dated 29.04.2022, he sent an email dated 06.05.2022 seeking 3-4 weeks time for submissions of relevant documents. It is stated that he is not cooperating in the investigation and not honouring the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the huge amount of refund at department level is a lapse on the part of the department and accused is being made as a scapegoat. Averments made in the application are denied. It is stated that accused has not violated the conditions of grant of bail, although accused took time to procure new SIM and shared his location with the department but after few messages there was an omission to send the same on daily basis but after filing of this application, he has regularly sending his location to the department. Vide order dated 21.07.2022, clarifications were sought from the department on the point of jurisdiction, connection between the present case and the M/s Zam Zam. Exim Pvt. Ltd. Pursuant to it, department has filed rejoinder an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be examined. Regarding supplied made by CGST, Delhi, North based firms to M/s NADFA Trading FZE for taking investigation to logical conclusion. All the averments of the departments have been denied by counsel for the accused and prayer is made for dismissing the present application. An application seeking exemption from personal appearance on behalf of accused Mohd. Sahahuddin is filed. Heard. Record perused. Considering that there is a typographical error in the title of the application and it is well settled that the Court which grants the bail can cancel the hail, therefore, present application is treated as application U/Sec.437(2) Cr.P.C. Considering that accused has admittedly not joined investigation pursu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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