JATINBHAI PRAFULBHAI KAKKAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being DGGI/INV/CM/25/2022 registered with the Directorate General of GST Intelligence, Rajkot of the offence punishable under Ss. 132(1)(b) and (1) of the Central Goods and Services Tax Act, 2017.

(2.) Learned senior advocate Mr. Nirupam D. Nanavaty assisted by learned advocate Mr. Apurva Mehta appearing for the applicant has submitted that the applicant-accused was arrested on 7/11/2023 and is in jail ever since. Learned senior advocate Mr. Nanavaty has also submitted that the investigation has already been completed and charge-sheet has also been filed. It is submitted that the applicant is a proprietor of M/s. Remgold International duly registered under the CGST Act and is indulged in the business of trading and brokerage at Rajkot and is no way connected with the instant case and has been falsely arraigned as an accused on the allegation that the applicant in connivance with the other individually indicted accused persons had allegedly issued GST invoices without any supply of the goods to the buyers on commission basis causing loss of Rs.33.00 crores and odd to the government exchequer.

(3.) In rebuttal, learned advocate Mr. Nikunt Raval appearing for the original complainant has submitted that from the statements of the applicant and other co-accused persons, the allegations against the applicant in the complaint are fully proved. The applicant has admitted his active role in the alleged offence. Fraudulent availment and utilization of input tax credit of more than Rs.5.00 crore has been done by the applicant and offence alleged is cognizable and non-bailable as per Sec. 132 (5) of CGST Act. In the search, at the premises of the applicant both residential as well as business, various incriminating documents along with one AIO (All in One) were recovered. The Punchnama was made in accordance with law and there was sufficient material against the applicant to implicate him in this case. It is further submitted that the complaints filed against the applicant and the other co-accused are within time.