Gauhati High Court
Abdul Hafiz Choudhury vs The State Of Assam on 11 August, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/5
GAHC010119912021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1868/2021
ABDUL HAFIZ CHOUDHURY
S/O LT. FAIYAZ ALI CHOUDHURY, R/O VILL. HAMIDAPUR, WARD NO. 4,
KARIMGANJ, P.S. KARIMGANJ, DIST. KARIMGANJ, ASSAM, PIN-788712
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
11.08.2021 Hearing held through virtual mode.
Heard Mr. K.N. Choudhury, learned Senior counsel appearing for the accused petitioner. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
Page No.# 2/5 By this second petition under Section 439 Cr.P.C., the accused-petitioner, namely Abdul Hafiz Choudhury has prayed for grant of bail in connection with Karimganj P.S. Case No. 535/2021 under Sections 120B/ 379/411/384/467/468/471/427/34 of the IPC.
The case diary, as called for, is placed before the Court.
The earlier bail application of the petitioner was rejected by this Court vide order, dated 16.07.2021 passed in B.A. No. 1201/2021.
Mr. K.N. Choudhury, learned Senior counsel appearing for the accused petitioner, submits that the accused has been in judicial custody for 72 days since 31.05.2021. According to Mr. Choudhury, the accused petitioner is a proprietor of a firm namely 'Jubo Parishad' which is registered at village- Hamindpur, Karimganj, Assam. Mr. Choudhury further submits that Ministry of Commerce and Industry, Government of India, Directorate General of Foreign Trade had certified that the petitioner's firm 'Jubo Parishad' was issued an Importer-Exporter Code (IED) 1413003681. It is also submitted that in view of the length of detention, the accused petitioner's further continuation of detention in judicial custody may not be necessary.
Mr. B.B. Gogoi, learned Addl. P.P., submits that as per information, the seized vehicles with coal have already been released in zimma to the owner by the learned Court of Chief Judicial Magistrate, Karimganj after obtaining report from the investigating officer. Mr. Gogoi further submits that the case diary, as a whole, reveals illegalities/irregularities committed by the petitioner in cross- border trade with Bangladesh.
The F.I.R. lodged by S.I. Nilima Singha reveals the allegation of seizure of 11 coal loaded trucks standing ahead of about a half kilometer from Sutarkandi Page No.# 3/5 Integrated Check Post (ICP) on the basis of secret information, which were suspected to be carrying coals that were illegally stocked or stolen/brought from illegal mining sites and being transported to Karimganj district using forged documents. It is alleged in the FIR that in the past too, some members of Coal Export Associations with the help of some middlemen exported coal to Bangladesh through Sutarkandi Integrated Check Post (ICP) by preparing fake/invalid documents. During enquiry, it was learnt from some reliable sources that the number plates of some of the trucks carrying coal were also fake and those were suspected to be stolen vehicles. It is stated in the FIR that an illegal transportation and export business of coal is going on in Karimganj district in connivance with coal suppliers, coal exporters and coal export-import associations by the following illegal means-
1. Firstly, they are taking coal from Meghalaya from mines without paying loyalty and without taking Transit Permit/Pass issued by competent authority and sometimes they load coal from banned coal stocks in Meghalaya by the National Green Tribunal (NGT), Delhi. But on papers, this coal is shown as brought from Dima Hasao, Hojai etc. districts of Assam.
2. Secondly, the GST is paid on the names of suppliers based at above mentioned districts of Assam showing the place of origin of coal from some place of Assam. Further allegation is levied that they pay the GST on lesser volume of coal rather than they actually load in the vehicle; i.e., they pay GST for 18 MT of coal but in actual they transport 25-28 MT in each truck. Sometimes, they are bringing coal even without paying GST at all. By this method they are not only avoiding tax but also transporting coal with overload that is in violation of Transportation Rules.
3. Thirdly, they are stocking coal illegally at various places in Karimganj Page No.# 4/5 town without taking permission/license for stocking/holding from competent authority.
4. Fourthly, from the stocking place, the exporters again load the coal in small trucks and send these trucks for export by forging the e-way bills and other GST tax invoice papers.
On perusal of the case diary, it appears that there is prima facie abundance of incriminating material against the accused petitioner subject, of course, to final outcome in investigation. However, having considered the length of detention in judicial custody and substantial progress in investigation in respect of the accused petitioner's complicity in the alleged criminal acts, this Court is of the considered opinion that further continuation of detention of the accused, in the interest of investigation is not warranted.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned C.J.M., Karimganj subject to the following conditions-
i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required;
ii) That the accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and
iii) That the accused/petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of Page No.# 5/5 commission.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant