Smruti Ranjan Sahoo vs. State Of Odisha(GST Dept.)

BLAPL/9407/2021HC OrissaGSTCNR ODHC01071900202126 November 2021Bench: MR. JUSTICE D.DASH11 pages
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Held

The Court granted bail to the petitioner, noting that the investigation had commenced, extensive searches were conducted, and a large number of documents were seized. The Court found no materials to support the necessity of further detention and that the petitioner had been in custody for about five months.

Facts

The petitioner, arrested for alleged involvement in a GST fraud involving fake firms and bogus Input Tax Credit (ITC), sought bail. The prosecution alleged the petitioner colluded with others to show receipt of goods without physical receipt and issued sale invoices without onward movement, defrauding the state exchequer.

Key Issues

The primary issue was whether the petitioner should be granted bail given the allegations of GST fraud, the stage of investigation, and the duration of custody.

Sections Cited

Section 132(1)(b)(c) and (1) of Odisha Goods and Services Tax Act, 2017

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
Page 1 of 11 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9407 of 2021 Smruti Ranjan Sahoo …. Petitioner Mr. Manoj Ku. Mishra, Sr. Advocate -versus- State of Odisha …. Opposite Party Mr. Sunil Mishra, ASC (CT & GST) CORAM: MR. JUSTICE D.DASH Order No.

ORDER 26.11.2021

02.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is the 2nd journey of the Petitioner who is in custody in connection with No. P.R.02 of 2020-21 dated 17.12.2020 of the CT & GST Enforcement Unit, Bhubaneswar corresponding to 2(C) CC Case No. 317 of 2021 on the file of learned J.M.F.C., Bhubaneswar running for commission of offences punishable under section 132 (1)(b)(c) and (1) of Odisha Goods and Services Tax Act, 2017 (for short called as ‘OGST Act’), in filing this application under section 439 of the Cr.P.C. for his release on bail.

3.

Prosecution allegations run to the effect that this Petitioner being the proprietor of M/s. S.R. Enterprises in collusion with others had b

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