DHEERAJ GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR.

(2.) The allegations levelled in the aforesaid FIR are that Harish Batra, Assistant Excise and Taxation Officer (AETO) and Jitender Joon, Taxation Inspector (TI), District Palwal were on duty for roadside checking in the area of District Palwal near Bhagola on 20/7/2021 alongwith supporting staff namely Rohtash, Driver and Ravi Kumar, Peon. It is alleged that during the course of checking, they have intercepted a vehicle bearing registration No.UP-80-DT-7407 near Bhagola Dharam Kanta and the vehicle was taken for its weighment on the said Dharam Kanta. It is further alleged that on the same day one audio clip got viral on social media, wherein there was incriminating material against both the aforesaid officials and consequently the Higher Officers of the department took cognizance of the same and Harish Batra and Jitender Joon were suspended vide order dtd. 30/7/2021 passed by Additional Chief Secretary, Excise and Taxation Department, Haryana and were subsequently charge-sheeted as well in departmental inquiries. Upon conclusion of investigation, it was concluded that Harish Batra, AETO, Jitender Joon, Taxation Officer, Rohtash, Driver and Ravi Kumar, Peon have used their official position in connivance with private transporter Gagan, Sanjeev and others and have made incorrect entries for the purpose of evasion of Goods and Services Tax (GST).

(3.) Learned counsel for the petitioner submits that the petitioner is nowhere named in the FIR and came to be nominated subsequently on the premises that despite the aforesaid scam having surfaced in July 2021, the petitioner, who was posted as Additional Excise and Taxation Commissioner, Panchkula, did not report the matter to the police for necessary action. Learned counsel for the petitioner has further submitted that, in any case, since the main accused namely Harish Batra, AETO and Jitender Joon, Taxation Inspector have already been granted anticipatory bail, the petitioner would be on a much better footing and, as such, would be entitled to grant of regular bail.