Mukul Mittal vs. Directorate General Of GST Intelligence

BAIL APPLN./168/2021HC DelhiGSTCNR DLHC01006474202103 February 2021Bench: HON'BLE MS. JUSTICE MUKTA GUPTA4 pages
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Held

The Court noted that the respondent was unlikely to file a complaint within the stipulated 60 days for cognizance. Therefore, the petitioner would be entitled to default bail as a matter of right.

Facts

The petitioner sought regular bail after being arrested for offenses under the CGST Act. Allegations include involvement in a fake invoice racket with his brother, creating numerous fake firms without corresponding supply of goods and services.

Key Issues

Whether the petitioner is entitled to default bail due to the respondent's inability to file a complaint within the statutory period.

Sections Cited

Section 132(1)(i)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
BAIL APPLN. 168/2021 Page 1 of 4 $~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 168/2021 MUKUL MITTAL ..... Petitioner Represented by: Mr. Ramesh Gupta, Sr. Adv. with Mr. Bhuvnesh Satija, Ms. Vibhooti Malhotra, Mr. Udit Sharma, Mr. Bharat Sharma, Advs. versus DIRECTORATE GENERAL OF GST INTELLIGENCE ..... Respondent Represented by: Mr. Ravi Prakash, Sr. Standing Counsel with Mr. Neeraj, Senior Intelligence Officer. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R %

03.02.

2021 The hearing has been conducted through Video Conferencing.

1.

By the present petition, the petitioner seeks regular bail pursuant to the Arrest Memo dated 9th December, 2020 for offence punishable under Section 132 (1)(i) of the Central Goods and Services Tax Act, 2017. 2. According to learned counsel for the petitioner, petitioner filed an anticipatory bail before the learned Sessions Judge on 27.10.2020 where a statement was made that investigation from the petitioner is underway. Thereafter the petitioner appeared repeatedly for joining the investigation. The petitioner was arrested

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