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2022 Supreme(Guj) 100

GITA GOPI
Niraj Jaidev Arya – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Yogesh Lakhani, Sr. Advocate With Mr. Pankaj D. Rachchh, Mr. Rahul R Dholakia
For the Respondent: Mr. Mitesh Amin, Public Prosecutor with Mr. Pranav Trivedi, Addl. Public Prosecutor.

JUDGMENT :

1. By this application filed under Section 439 of the Code of Criminal Procedure, the applicant has prayed to release him on regular bail in connection with the Memorandum of Arrest dated 30.11.2021 in File No. DCST/Enf.-10/Rajkot/AC-3/UT LLP/2021-22 for the alleged offences under Section 132(1)(c) of the Gujarat Goods and Services Tax Act 2017 (for short, 'the GGST Act") and Central Goods and Services Tax Act 2017 (for short, "the CGST Act") punishable under Section 132(1)(i) of the GGST Act and CGST Act.

2. Mr. Y. S. Lakhani, learned Senior Advocate appearing with Mr. Pankaj D. Rachchh and Mr. Rahul Dholakia for the applicant, submitted that the applicant herein is a designated Partner of one "Utkarsh Ispat LLP", which is engaged in the business of purchasing mild steel scrap and thereafter, converting it into mild steel Billet. On 19.11.2021 the respondent No.2 conducted a search and seizure operation at the factory and office premises of the LLP as also at the residence of the applicant on the ground that several purchase transactions had been made from fictitious entities. It was alleged that the applicant had shown fake purchases from 24 fictitious entities to the tu

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