Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2020 (12) TMI 1269

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on of mobiles of various companies. On 15.05.2019, the applicant has received a summons from the respondent. In pursuant to the summons, the applicant had appeared before the respondent and submitted the requisite documents. Thereafter on 23.09.2019, 03.10.2019 and 07.11.2019 he had appeared before the respondent and co-operated with the inquiry and investigation. 3. On 18.11.2020, the respondent had raided the office premises of said company and took the records of the company under panchanama. At the time of search the officers of the respondent threatened physically abused the applicant. Therefore the applicant apprehends that he is likely to be arrested by the respondent. According to him there is no GST evasion on his part. No money t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ry receipts and bank statements showing the transportation of goods. The vehicle numbers mentioned in the lorry receipts were found to be either unregistered or were either the scooters/Maruti 800, wherein transportation of goods was not possible. Further the truck bearing No.MH-04-GC-2198 was never used for transportation of electronic items. On 18.11.2020 when the applicant had appeared for tendering oral statement she was confrontation with the statements of the witnesses. At the time of conclusion of the statement the applicant without signing it and without the permission of the Investigation Officer had left the premises. It is claimed that investigation of the crime is at initial stage. There are serious allegations against the appli....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n the aforesaid cases I would like to deal with present application. 8. The Learned advocate for the applicant has vehemently submitted that even if the case of the respondent is accepted as it is in that case also, in view of the facts that the applicant had attended the office of the respondent, according to him custodial interrogation of the applicant is not warranted and therefore, he has prayed to grant prearrest bail. 9. In this regard, the Learned SPP Mr.Pathak has submitted that admittedly the applicant has visited the office of the respondent on 15.05.2019, 03.10.2019, 23.09.2019 and 07.11.2019. However, he had submitted documents only pertaining to M/s. Kushal Ltd. and sought time for production of the remaining documents within....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....if the bail as claimed by the applicant is granted in his favour in that case certainly it would adversely affect the further investigation. 12. In addition to this, the Learned SPP has placed on record the medical papers of the applicant showing that the applicant had got discharge from the hospital against the medical advise only with a view to evade arrest. On perusal of the copy of daily progress notes maintained by Fauziya hospital dated 23.11.2020 and 24.11.2020, it would reveal that the applicant had left the hospital for the opinion of Dr.Yusuf Matcheswalla but he did not return upto 2.45 PM of 24.11.2020 and therefore, the hospital had decided to 'discharge by system by against medical advise.' This conduct on the part of ....