Summary: Hetan and Yash Gangwani's request for anticipatory bail was turned down by the Bombay High Court. They are accused of being part of a scheme involving fake diesel. Judge Amit Borkar pointed out the seriousness of the accusations and the need for more investigation.
The case is about the suspected import and sale of fake diesel. On July 12, 2024, police found eight tankers at a customs warehouse. When checked, two tankers had fake diesel, and the others had Process Oil–40. This led to the filing of Crime No. 346 of 2024 against Hetan and Yash Gangwani.
The defense, represented by Mr. P. A. Pol, argued that the Assistant Police Inspector and customs officers weren't allowed to seize the goods. They claimed the investigation and the police report were illegal because the officers weren't authorized under the Petroleum Orders. They also said that the lab report didn't meet the required standards.
"The police report itself shows that the API illegally seized goods on 12 July 2024... There was no reason to believe that any rule was broken."
On the other side, the prosecution, led by Ms. Mahalakshmi Ganapathy, pointed out suspicious activities. They found that many bank accounts linked to different companies were controlled by a single email ID belonging to Yash Gangwani. This suggested control over transactions across these companies, indicating a planned scheme.
"The use of one common email ID shows that accused No.2 was managing all three accounts."
Judge Amit Borkar noted the seriousness of the situation, emphasizing that the accusations were backed by documents and lab results. The court found that the transactions weren't independent but part of a plan to hide the true nature of the dealings.
"At first glance, it suggests a deliberate plan to create a series of fake transactions under different company names."
Given the seriousness of the charges and the ongoing investigation, the court decided that anticipatory bail was not appropriate. The need for questioning while in custody to uncover the full extent of the conspiracy was emphasized.
"The applicants are not entitled to the special protection of anticipatory bail."