Journalist Mahesh Langa Files Petition in Gujarat High Court Challenging Police Remand in GST Fraud Case.
(Judicial Quest News Network)
On October 11, Mahesh Langa, a senior assistant editor at The Hindu, filed a petition with the Gujarat High Court to contest a 10-day police remand issued by a magisterial court in connection with an alleged goods and services tax (GST) fraud case.
The matter was heard by a single bench of Justice Sandeep Bhatt. During the proceedings, the court requested the state’s counsel to obtain instructions regarding the case and scheduled the next hearing for October 14. The court also instructed Langa’s counsel to provide a copy of the petition to the state’s legal representative, who noted she had not received the necessary documents.
The court indicated that if the state required further instructions, it could file an affidavit before the next hearing on Monday. Justice Bhatt remarked that while the remand was granted for 10 days, the matter would be addressed in detail on Monday.
Senior Advocate Jal Unwala, representing Langa, argued that the petition challenged the remand order, in which the magistrate’s court had directly granted remand for an offense under Section 420 of the Indian Penal Code (IPC), concerning cheating.
Justice Bhatt remarked on the seriousness of the allegations, while Jal Unwala, along with advocates AJ Yagnik and Vedant Rajguru, referenced Supreme Court precedents indicating that the necessity for remand is a crucial consideration, irrespective of the offense’s gravity.
Jal Unwala contended that the department claims Langa is linked to 220 shell companies allegedly involved in defrauding the government by claiming bogus input tax credits. He clarified that Langa’s company, DA Enterprises, is only one among these entities and is co-owned by his cousin, Manojbhai, and Kavita Ben.
Wala pointed out that Langa was not named in the First Information Report (FIR) and that Manojbhai had been identified merely as a witness by the investigating officer.
Background of the Case
The investigation began following a complaint filed by the Senior Intelligence Officer of the Directorate General of Goods and Services Tax Intelligence (DGGI), Ahmedabad, on October 7. The complaint alleged that over 20 fraudulent firms were operating across the country to defraud the government through the availing and passing of bogus input tax credits.
An FIR was subsequently registered at the DCB police station in Ahmedabad on the same day, citing offenses under Sections 420 (cheating), 471 (using a forged document), 474 (possession of forged documents), and 120B (criminal conspiracy) of the IPC.
Langa was reportedly detained by the police at approximately 1:00 a.m. on October 7 and presented to the magistrate’s court on October 9 at around 11:30 a.m. Following this, the Additional Chief Judicial Magistrate granted a 10-day remand until October 18, based on claims by the investigating officer that Langa managed DA Enterprises, which was allegedly involved in transactions totalling ₹2,36,74,533 with a bogus firm, Dhruvi Enterprises.
The investigating officer argued that Langa operated behind the scenes to facilitate these transactions, suggesting misuse of his influence, and claimed that ₹20 lakh in cash was found at Langa’s residence, which he could not explain.
Langa’s counsel argued for the quashing of the remand order, asserting that he was not connected to DA Enterprises and that the investigating officer failed to establish a direct link between Langa and the alleged fraudulent activities. They further contended that the magistrate’s order lacked substantive reasoning and did not demonstrate an appropriate application of mind regarding the allegations.
The petition emphasizes that the magistrate’s court did not adequately assess the case diary or provide a rationale for concluding that a prima facie case existed against Langa, highlighting a failure in judicial reasoning during the remand proceedings.
