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2020 Supreme(MP) 651

VIRENDER SINGH
Kishore Wadhwani – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates Appeared:
Mukul Rohatgi, Advocate, J.P. Mishra, Advocate, Pranav Diesh, Advocate, Vikramjit Banerjee, Advocate, Prasanna Prasad, Advocate, P.C. Nair, Advocate

JUDGMENT

Virender Singh, J. - This is the first application under section 439 of the Cr.P.C. in crime no.23/2020 registered under section 132(1)(a) (i) of the Goods and Services Tax Act (hereinafter referred to as "GST Act"), Ss. 409, 467, 471, 120-B of the IPC by the Department of Revenue Intelligence and Directorate General of Goods and Services Tax Intelligence Central Excise Office, District Indore (here-in-after referred to as the 'Department').

2. The learned Senior Counsel for the petitioner began with the arguments that the only fault of the petitioner is that he is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan Masala. The petitioner is neither a Partner of his tenant M/s Vishnu Essence nor in any other way concerned with it. But, he has been posed as if he is the only responsible person for whatever has allegedly been done against the law by his tenant, while no document, what-so-ever it may be, has been produced by the department to show his involvement in the alleged tax evasion.

3. In reply, learned Additional Solicitor General submitted that the petitioner is Director of a Media Company, which publ

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