Page 192 - GSTL_2nd April 2020_Vol 35_Part 1

94 GST LAW TIMES [ Vol. 35
fiable explanation as to on what count the said payment has been received,
when the said firms not found to be actually into business - Consequently,
complicity of the kingpin Rajesh Mittal and also of Manish, owner of Ansh
Hospitality and of petitioner Mittal and also of petitioner Inder Partap Singh
to save GST is clearly evident - Bail not granted keeping in view the enormity
of the scam and the colossal loss caused to the State exchequer, which has lost
GST - Section 439 of Code of Criminal Procedure, 1973. [paras 13, 14]
Bail - Petitioner’s Counsel Satnarain being an Advocate by profession,
rendered his professional services and assistance for the purpose of incorpora-
tion of the firms - It cannot be said that he had joined hands with the fraud-
sters or was beneficiary of any amount other than his professional fee - Peti-
tioner’s Counsel Satnarain having already been behind bars since the last
about 8 months, his further detention will not serve any useful purpose - Bail
granted - Section 439 of Code of Criminal Procedure, 1973. [para 14]
Petitions disposed of
REPRESENTED BY : S/Shri Ankur Jain, Rajinder Singh Rana and Aman
Pal, Advocates, for the Petitioner.
S/Shri Deepak Sabherwal and Ashok Singh
Choudhary, Addl. AGs., Haryana, for the
Respondent.
[Order]. - This order shall dispose of the above mentioned three petitions
filed on behalf of Rajesh, Inder Partap Singh, Manish and Satnarain seeking grant
of regular bail in a case registered against them vide FIR No. 571, dated 4-6-2019
under Sections 419/420/467/468/471/120B/259 IPC registered at Police Station
Chandni Bagh, District Panipat.
2. The FIR in question was lodged at the instance of ASI Vinod Kumar
wherein it has been alleged that on 4-6-2019 when he along with other police of-
ficials was present near grain market bridge for the purpose of patrolling, then a
secret information was received to the effect that Rajesh Mittal, Inder Partap
Singh and Manish make bogus firms and by transacting with bigger firms, they
are getting huge amounts of money deposited in the account numbers of the said
fake bogus firms so as to save GST and are thus causing huge loss to the State
Exchequer on account of loss of revenue. The information was further to the ef-
fect that the said accused were moving about in a ‘i-20’ car bearing Registration
No. HR-06AJ-2474 along with laptops and were waiting for someone near T-
point railway line grain market.
3. Pursuant to receipt of aforesaid information, the police swung into
action and was able to apprehend the aforesaid accused Rajesh Mittal, Inder
Pratap Singh and Manish. From the search of the car, the following articles were
also recovered
(i) Laptops;
(ii) Cheque Books;
(iii) Fake stamps of ETO;
(iv) Fake rubber-stamps of DTC;
(v) Files of bogus firms.
4. The aforesaid articles as well as the car in question was taken into

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