In consideration of the facts of the case and the evidence collected in the course of investigation, no case is made out for granting pre-arrest protection to the applicant. The application is rejected.
Pre arrest Bail under Section 420, 406 and 34 of IPC –-- The applicant sought pre arrest bail apprehending arrest in connection for the offences punishable under Sections 420, 406 and Section 34 of the Indian Penal Code. The complainant did not receive the payment, notice was issued to the applicant. The applicant replied the notice through his Advocate stating that he had not received the goods from the complainant. After which on a written complaint, crime was registered. The counsel for the applicant has denied the entire transaction and submitted that, applicant had never entered into transaction with the complainant, nor applicant availed ITC. Further custodial interrogation of the applicant is not required since the prosecution is largely relying on the documentary evidence. The complainant counsel submitted that after receiving the stock transfer request from the company of the complainant, clove bags were transferred in the name applicant. Owner of the vehicles told the police that on 4th March, 2020 applicant called him on mobile and asked to make available two vehicles for transporting 300 bags of cloves. The court from the response of the Assistant Commissioner, CGST observed that the applicant has availed the ITC against Invoices No.106 and 107. Besides, the statements of the Manager of the Warehouse, owner of the trucks and the statements of drivers, prima-facie, show that goods were delivered and no case is made out for granting pre-arrest protection to the applicant.
Held that:- The Hon’ble High Court rejected the application.
In consideration of the facts of the case and the evidence collected in the course of investigation, no case is made out for granting pre-arrest protection to the applicant. The application is rejected.
Pre arrest Bail under Section 420, 406 and 34 of IPC –-- The applicant sought pre arrest bail apprehending arrest in connection for the offences punishable under Sections 420, 406 and Section 34 of the Indian Penal Code. The complainant did not receive the payment, notice was issued to the applicant. The applicant replied the notice through his Advocate stating that he had not received the goods from the complainant. After which on a written complaint, crime was registered. The counsel for the applicant has denied the entire transaction and submitted that, applicant had never entered into transaction with the complainant, nor applicant availed ITC. Further custodial interrogation of the applicant is not required since the prosecution is largely relying on the documentary evidence. The complainant counsel submitted that after receiving the stock transfer request from the company of the complainant, clove bags were transferred in the name applicant. Owner of the vehicles told the police that on 4th March, 2020 applicant called him on mobile and asked to make available two vehicles for transporting 300 bags of cloves. The court from the response of the Assistant Commissioner, CGST observed that the applicant has availed the ITC against Invoices No.106 and 107. Besides, the statements of the Manager of the Warehouse, owner of the trucks and the statements of drivers, prima-facie, show that goods were delivered and no case is made out for granting pre-arrest protection to the applicant.
Held that:- The Hon’ble High Court rejected the application.