2022 (12) TMI 257

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....d Zonal Unit, Ahmedabad for the offences punishable under Sections 132(1)(b) and 132(1)(c) read with Sections 132(1)(i) and 132(5) of Central Goods and Services Tax Act (hereinafter referred to as 'CGST Act') and Sections 132(1)(b) and 132(1)(c) read with Sections 132(1)(i) and 132(5) of Gujarat Goods and Services Tax Act, 2017 (hereinafter referred to as 'GST Act'). 2. The applicant was arrested on 24.02.2022 and produced before the Court of learned Metropolitan Magistrate and since then, he is in judicial custody. His bail application filed before the Court of Sessions Court, came to be rejected vide order dated 22.06.2022. The complaint as contemplated under the provisions of the Act is filed on 22.04.2022 by the Authority concerned. ....

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....o the specific bank account and withdrawal of the cash after transfer of the amount. It is in this context, the authority came to a conclusion that, the applicant is involved in managing or rotation of cash in the fake invoice chain to avail fraudulent ITC to the tune of Rs.10.20 crores and passing on it on the basis of tax invoices without having receipt of actual corresponding goods, in contravention of the statutory mandatory provisions of the Act and have committed the offence as referred above. 5. Mr. Asim Pandya, learned Senior Counsel urged the following contentions: (i) No offence as alleged is made out against the applicant and his arrest is in contravention of mandatory provisions and rules made thereunder, as, power u....

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....e the trial in a reasonable time. Therefore, keeping behind bar the applicant for an indefinite period would certainly violate the fundamental rights of freedom as guaranteed under Article 21 of the Constitution of India, as the basic jurisprudence of the bail is that, "Bail is a rule and jail is an exception." 6. In the aforesaid contentions, considering the facts and circumstances of the present case, it is prayed that, discretion may kindly be exercised in favour of the applicant. 7. Mr. Dhaval Vyas, Standing Counsel appearing for the respondent no.2-Department and Mr. Manan Maheta, learned APP for the respondent-State, reiterating the contents of the sworn affidavit contended that, the applicant is managing the affairs of 11 non-e....

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..... In the facts of the present case, during search proceedings, the incriminating material relevant for the investigation purpose have been seized and recovered by the department. The applicant is in custody since 24.02.2022 and after filing the complaint before the Magesterial Court, there is no progress in the trial and it will take considerable time. The entire case is based on documentary evidence. The department failed to point out that further custody of the applicant is necessary. The department has already recovered and seized Rs.64 lakhs and the applicant has shown his bonafide to deposit amount of 10%. In such circumstances, considering the facts and circumstances of the present case and the role attributed to the present applicant....