Case Law Details
Mandeep @ Monty Vs State of Punjab (Punjab and Haryana High Court)
Punjab and Haryana High Court dismissed the petition for grant of anticipatory bail in the case of fictitious firm/ company registration under GST as an offence is prima facie established against the petitioner.
Facts- The instant FIR came to be registered on the basis of letter dated 06.12.2022 sent by Sh. Pardeep Kumar, State Excise Officer Ward Number 03, Fatehgarh Sahib for the registration of case.
FIR mentioned that the petitioner, based on the receipts of property tax and photos of the shops, had been forged and uploaded on the Portal for applying for a GST number thereby causing revenue loss to the government.
Conclusion- In the instant case, a perusal of the affidavits of the State dated 2.3.2023 and 27.03.2023 would show the manner in which the investigation was conducted and the specific role played by the petitioner. In fact he and his co-accused had set up a fictitious firm/companies and thereby cheated the government of crores of rupees. Thus, an offence is prima facie established against him. Even otherwise, recoveries of various documents are to be effected from the petitioner and the names of the real beneficiaries are to be revealed. Therefore, the custodial interrogation of the petitioner is certainly required.
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