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2022 Supreme(Del) 963

MUKTA GUPTA
Amit Gupta – Appellant
Versus
Directorate General Of Gst Intelligence Headquarters – Respondent


Advocates appeared:
Rajesh Jain, Advocate, Viraj Tiwari, Advocate, Ramashish, Advocate, Harpreet Singh, Advocate

JUDGMENT

Mukta Gupta, J. - W.P.(CRL) 1267/2021

CRL.M.a. 10704/2021 (for stay)

1. By this petition, petitioner challenges the order dated 9th July, 2021 passed by the learned CMM, Patiala House Courts whereby the bail granted to the petitioner vide order dated 23rd December, 2019 was cancelled by the learned CMM. Though in the prayer clause the petitioner has also sought quashing of the proceedings initiated by the respondent under Section 67/70 of Central Goods and Services Tax act, 2017 (in short 'CGST') as also the release of the records seized from the various premises of the petitioner, however, during the course of arguments the petitioner pressed prayers (a), (b) and (c) in the present petition, that is, setting aside of order dated 9th July, 2021 cancelling the bail of the petitioner and restoring the order dated 23rd December, 2019 granting regular bail to the petitioner.

2. Briefly the case of the prosecution against the petitioner is that the petitioner is one of the Directors/key persons in M/s Brilliant Metals Pvt. Ltd., M/s.Progressive alloys India Pvt. Ltd. and M/s JBN Impex Pvt. Ltd. and allegedly the mastermind behind devising a mechanism of availing Input Tax Credit (i

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