Sanjeev Kumar Singh vs. Union Of INDIA

The petitioner being in custody in connection with 2(C)C.C. Case No. 170 of 2018 for alleged commission of offence under section 132(1)(b) & 132(1)(l) of the Central Goods and Service Tax Act, 2017 pending on the file of learned S.D.J.M., Panposh-Rourkela, has filed this application under section 439 of the Cr.P.C. for his release on bail.

Heard the learned counsel for the petitioner and learned Standing Counsel for the Customs, Central Excise and Service Tax. Perused the petition averments as also the affidavit with the annexures filed by the opposite party and the case record as placed.

The petitioner is the Director of all those Companies which are trading Companies having the GST Registrations. The allegations stand that this petitioner and the other co-accused having joined together have issued invoices showing the sale of goods / raw-materials for use by different manufacturing units of Steel and Aluminum located in Odisha and other States without any such moment of the goods. In order to defraud the Revenue Authority in showing that there was moment of goods, money was received from them through Bank account and the same has been recycled. In this way playing fraud and forgery, they having allowed to avail input tax credits have caused huge loss to the public exchequer. The loss has now around Rs. 60 crores. BLAPL NO. 6911 OF 2018

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Considering the submissions made and going through the materials on record as placed; when at this stage, the possibility of collection of more materials against the petitioner with regard to issuance of such forged and fabricated invoices without any supply of goods / raw-materials in gross violation of the provision of GST Act resulting unlawful availment of input tax credit is not ruled out as also the huge loss to the public exchequer; further keeping in view the position that such economic offences constitute class of apart and to be visited with different approach in the matter of consideration of bail, I am not inclined to accept the prayer for grant of bail to the petitioner.

The BLAPL is accordingly dismissed.

Issue urgent certified copy as per rules.

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I.A. NO.363 OF 2019

In view of the disposal of the BLAPL, the I.A. stands disposed of.

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Narayan