JUDGMENT

Mohd. Azhar Husain Idrisi, J.

Rejoinder affidavit filed today is taken on record.

2. Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Ashutosh Tiwari and Sri Sandeep Kumar Srivastava, learned counsel for the applicant and Sri Parv Agarwal and Sri Lakshya Kumar Singh, learned counsel for the opposite party as well as learned A.G.A.

3. The instant bail application has been filed on behalf of the applicant with a prayer to admit him on bail in Case Crime No. 2415 of 2021 under Section 132 (1)(c), 132(1) (2) and Section 132 (1)(i) of the CGST Act, 2017 read with Section 69 of CGST Act, Department DGGI, Meerut, during the pendency of trial.

4. Succinctly, prosecution case is that an intelligence input was received by the officers of DGGI, Meerut Zonal Unit that M/s Progressive Alloys (India) Private Limited and M/s Brilliant Metals Private Limited located at Delhi, which are said to be engaged in trading of non-ferrous metals are availing fake credit fraudulently, on the basis of bogus invoices without supply of goods or services. It is also alleged that the firms issuing bogus invoices are either found to be non-existent or having issued bogus invoices to M/s Progressive Alloys (India) Private Limited and M/s Brilliant Metal Private Limited. During the course of investigation, it came to notice of the department that DGGI Headquarter and DQGI, Meerut Zonal Unit are investigating the same entities i.e. M/s Brilliant Metal Private Limited, M/s Progressive Alloys India Private Limited and M/s JBN Impax Private Limited though the period covered under investigation was different. In the backdrop of the aforesaid facts, the competent authority in order to avoid any duplication, decided that investigation in respect of the aforesaid Firms being investigated by the DGGI, Hora shall be centralized to DGGI, Meerut Zonal Unit and this fact was also brought to the notice of the Delhi High Court where the accused-applicant has initiated certain legal proceedings.

5. It is said that the applicant-accused in his statement had admitted that he looks after the day-to-day affairs of both these companies. From the 'Panchnamas' drawn at the registered premises of M/s Relycare Metal Trading Private Limited, M/s State Metal Enterprises, M/s Classic Metcraft Impex and M/s Kalikaa Industries Private Limited from which all those suppliers were found to be on-existent. It is said that Amit Gupta has masterminded fraudulent availment of fake/ineligible Input Tax Credit (ITC) of Rs. 46.54 crore in his companies i.e. M/s Progressive Alloys India Limited and M/s Brilliant Metals Private Limited during the period March 2019 to January, 2021 on the basis of bogus invoices without supply of good with the mens rea to evade Input Tax Credit.

6. As clinching evidence was found against the accused-applicant, the applicant was arrested in terms of Section 132 (1) (c) of CGST Act, 2017 for offence of availment of ineligible Input Tax Credit (ITC) of Rs. 46.54 Crore on the strength of bogus invoices issued either by non-existent Firms or by entities, which have admitted to have issued bogus invoices without supply of concomitant goods.

7. Learned Counsel for the applicant has vehemently argued that the applicant is an innocent and peace loving citizen who has been falsely implicated and arrested by the officers of the department on 19.1.2023 from Vasant Vihar Delhi under Section 69 read with Section 132 (1)(c) of the Central Goods and Service Tax Act, 2017 without serving any notice under Section 41A of the Code of Criminal Procedure.

8. According to learned Counsel for the applicant, the applicant is engaged in the bu