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TMI Blog2014 (9) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... which he was working as a cleaner. Thereafter, he came to know that he has been named in an FIR (Annexure P-1). This FIR has been lodged on a letter/complaint made by the Excise and Taxation Officer, Mobile Wing, Chandigarh, Punjab, alleging that on 19.07.2012, Gulshan Huria along with J.S. Mavi and other staff members of ICC, Banur saw a vehicle bearing registration No. HR-37-B-0495, which was going towards Adampur-Mohikalan link road and was carrying a payload of iron pipes and iron. On stopping the said vehicle, the driver did not produce any bill/bility or ICC form VAT for No. 36. He informed that the payload was to be taken from Mandi Gobindgarh to Delhi. When a notice was issued to the driver, he immediately produced Bill No. 716 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r allegations, complainant-respondent No. 3 also got registered another FIR i.e. FIR No. 61 dated 25.07.2012, under Sections 420, 468, 471 and 120-B IPC, at Police Station Rajpura, District Patiala (Annexure P-2). The said FIR has been quashed by this Court vide order dated 30.04.2013 passed in CRM-M-24853 of 2012 (Anexure P-3). In the present case as well as in FIR No. 61 dated 25.07.2012 (Annexure P-2), the bill/bility has been issued by the same firm i.e. M/s Sony Mechanical and Workshop, Jassaran Road, Mandi Gobindgarh. The goods, as per the FIR, had to be delivered to one Ranjit Kumar and the seller of the goods i.e. M/s Sony Mechanical and Workshop is registered under the Punjab VAT Act, 2005. A copy of bill/VAT invoice No. 719 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Joginder Singh, resident of Bras, District Fatehgarh Sahib is annexed as Annexure R-2. The petitioner has booked the goods with fake and false address on the basis of certain documents, which could be destroyed after the vehicle entered in Haryana State and in this way, the Punjab State would be cheated of its legitimate value. It is admitted that the bill/bility has been issued by the same firm in the present case as well as in FIR No. 61 dated 25.07.2012 (Annexure P-2). In the present case, the petitioner committed fraud while preparing fake and bogus bills by giving wrong name and address with malafide intention to evade sale tax/VAT to be payable to the State. However, it is admitted that the petitioner can be proceeded under Sections ..... X X X X Extracts X X X X X X X X Extracts X X X X
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