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2021 (6) TMI 231

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....t that as per the Panchnama prepared on 26.08.2020, the documents seized from the premises of the applicant pertains only to M/s Satyam Paper Company, M/s Sidharth Paper Co., VJ Paper Traders and Satyam Paper Company. It is submitted by Ld. counsel for applicant/accused that applicant/accused has no right, title, ownership or interest in the said firms. It is further pointed out that apart from the above said firms, the documents pertaining to the company of applicant M/s Sanyam Kraft Papers Pvt. Ltd Company were also seized but the said company is undergoing closure procedure and is not conducting any business since 2016. It is submitted that it is evident from the Panchnama dated 26.08.2020 that apart from the abovesaid firms, no other do....

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....on 132 (1) (f) (j) or (k), which admittedly are bailable in nature. It is forcefully prayed that the applicant/accused is entitled for bail. 2. Sh. Harpreet Singh, Ld. Standing Counsel for the department, on the contrary, forcefully argued that the complainant department is investigating a case of issuing invoices without supply of accompanying goods (i.e. only paper invoices are being sold by M/s Dev Sales Corporation & Ors and several other fake and fictitious firms which are engaged only in issuance of fake paper invoices) for the purpose of duty evasion. It is submitted that during the course of investigation, it was revealed that applicant/accused Amit Jain is the master mind, who is operating various fake and non-existent firms i.e....

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....economic offenders who ruin the economy of the State are not brought to books. A murder may be committed in the heat of moment upon passions being aroused. An economic offence is committed with cool calculation and deliberate design with an eye on personal profit regardless of the consequence to the Community. A disregard for the interest of the Community can be manifested only at the cost of forfeiting the trust and faith of the Community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white collar crimes with a permissive eye unmindful of the damage done to the National Economy and National Interest..." 5. In the matter of Y. S. Jangan Mohan Reddy v. CBI (2013) 7 SCC 4....

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....gainst the applicant/accused Amit Jain. He has categorically stated that he used to work for applicant/accused Amit Jain and his associates. It is further submitted that he worked as per the guidance/directions of the applicant/accused and his associates. He categorically alleged that applicant/accused used to give him goods-less GST invoices which in turn were subsequently provided to the clients. He has also stated that all the fake and non existing firms were operated by applicant/accused and his associates. He has further stated that accused Amit Jain alongwith his associates used to send ledgers of the fake firms to the clients. He further submitted that the goods were never transported on these invoices and only bills were issued upon....

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.... the act of supplying or making available things for people to buy ,or use. Therefore, considering the material available on record, it cannot be contended by the Ld. defence counsel that applicant was not involved in supplying or making available fake/forged goods less invoices. Consequently, I cannot but disagree with Ld. defence counsel that no non-bailable offence is attracted in this case as admittedly offence u/s 132(1)(b) of CGST Act is attracted in the present case, which admittedly is non bailable in nature. Considering the seriousness of allegations and crucial stage of investigation, I am of the opinion that applicant/accused is not entitled for grant of bail. Instant application is bereft of any merits and the same is accordingl....