R/CR.MA/17697/2021 JUDGMENT DATED: 14/10/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 17697 of 2021

With

R/CRIMINAL MISC.APPLICATION NO. 17700 of 2021

With

R/CRIMINAL MISC.APPLICATION NO. 17702 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

:

Sd/-

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1

Whether Reporters of Local Papers may be

allowed to see the judgment ?

NO

2

To be referred to the Reporter or not ?

NO

3

Whether their Lordships wish to see the

fair copy of the judgment ?

NO

4

Whether this case involves a substantial

question of law as to the interpretation

of the Constitution of India or any

order made thereunder ?

NO

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NILESHBHAI NATUBHAI PATEL

Versus

THE STATE OF GUJARAT

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Appearance:

MR BM MANGUKIYA(437) for the Applicant(s) No. 1

MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1

MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1

MR MITESH AMIN, PP with MR CHINTAN DAVE APP (2) for the

Respondent(s) No. 1

RULE SERVED(64) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 14/10/2021

COMMON ORAL JUDGMENT

1.

As the issue involved in all these applications

are similar with regard to the grant of

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R/CR.MA/17697/2021 JUDGMENT DATED: 14/10/2021

anticipatory bail, all these applications are

heard together and are being disposed of by this

common order.

2.

All these applications are filed by the concerned

applicant – accused under Section 438 of the Code

of Criminal Procedure, 1973 (hereinafter referred

to as “the Code” for short), wherein the

applicants have prayed that the applicants be

granted pre-arrest bail at the time of and in the

event of arrest in connection with File No.

DCST/ENF-2/AC-6/CONFIDENTIAL/2021-22

registered

with the office of the Deputy Commissioner of

State Tax, Enforcement, Division-2, Ahmedabad.

3.

Heard learned advocate, Mr. B.M. Mangukiya

assisted by learned advocate, Mr. Chetan K. Pandya

for the applicants and learned Public Prosecutor,

Mr. Mitesh Amin assisted by learned advocate, Mr.

Chintan Dave for the respondents.

4.

Learned advocate for the applicants submitted that

the applicant viz., Nileshbhai Natubhai Patel of

Criminal Misc. Application No.17697/2021 is the

Chairman and Whole-Time Director of M/s. Madhav

Copper Limited (hereinafter referred to as “the

Company” for short), whereas the applicant viz.,

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R/CR.MA/17697/2021 JUDGMENT DATED: 14/10/2021

Divya Arvindbhai Monpara of Criminal Misc.

Application No.17700/2021 is the Director of the

said Company and the applicant viz., Rohitbhai

Bhikhabhai Chauhan of Criminal Misc. Application

No.17702/2021 is the Chairman and Whole-Time

Director of the Company. It is submitted that the

Company is a Public Limited Company listed on the

National Stock Exchange (NSE) and is governed by

the strict Rules framed by the Securities and

Exchange Board of India (SEBI) and audited

accounts are required to be submitted to NSE

periodically. It is submitted that the Company of

the applicants is a producer Company which

produces the finished goods of Copper and the raw

material is acquired from the local markets and

also from the abroad and the purchases and sales

data matches, inspite of that, the allegations are

leveled by the respondents that the purchase is

not genuine one and the goods have not been moved

from the sellers to purchasers. It is submitted

that it is the case of t