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Bogus ITC: HC rejects anticipatory bail for deliberate miscommunication

Case Law Details

TaxGuru Citation
2019 taxguru.in 550
Case Name
Meghraj Moolchand Burad Vs Directorate General of GST (Intelligence) (Bombay High Court)
Date of Judgement/Order
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Meghraj Moolchand Burad Vs Directorate General of GST (Intelligence) (Bombay High Court)

The learned counsel appearing for the Investigating Agency has produced on record a letter dated 26.11.2018 addressed by Advocate on record of the applicant to the DGGI, Pune informing him that, the present matter was on board before this Court on 24.11.2018 at Serial No.903 and it is adjourned to 10.12.2018. It is further stated that, the Vacation Bench of Hon’ble Judge had orally directed Investigating Officer not to arrest applicant and the said fact is placed on record for information.

It is astonishing to note that, the concerned Advocate on record “Mr.Ritesh Ratnam” has deliberately and with malfide intention not stated in the said letter that there is no interim relief granted in favour of the applicant. The Order dated 24.11.2018 clearly indicates that, the said Advocate Mr. Ritesh Ratnama himself appeared on 24.11.2018 before this Court and in his presence the said Order was passed including the sentence “no interim relief”.

It appears that, due to the said deliberate mis­communication by the applicant dated 26.11.2018, the Investigating Agency refrained itself from either arresting or interrogating the applicant. The deplorable practice adopted by the applicant and his Advocate is deprecated.

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