Gauhati High Court
Abdul Hafiz Choudhury vs The State Of Assam on 16 July, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/5
GAHC010091022021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1201/2021
ABDUL HAFIZ CHOUDHURY
S/O. LT. FAIYAZ ALI CHOUDHURY @ LT. FAYAZ ALI CHOUDHURY, VILL.
HAMINDAPUR, WARD NO.4, P.S. AND DIST. KARIMGANJ, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
16.07.2021 Hearing held through remote video conference.
Heard Mr. H.R.A. Choudhury, learned Sr. counsel appearing for the accused petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Page No.# 2/5 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.
Mr. H.R.A. Choudhury, learned Sr. counsel appearing for the accused petitioner, submits that the accused who is the proprietor of business firm namely, Jubo Parishad, Karimganj has been doing export and import of coal between Indian Bangladhesh legally, but based on a false F.I.R. lodged by a Police Officer, he has been languishing in jail since 31.05.2021. Mr. Choudhury has referred, in this context, the reports of the Assistant Commissioner of State Tax, Karimganj, dated 25.05.2021 and the Superintendent of Police, Karimganj, dated 26.05.2021 and states that the aforesaid two reports clearly reveal the legality of the entire transactions. Therefore, Mr. Choudhury submits that the accused petitioner may be released on bail subject to any condition(s).
Opposing the bail application, Mr. B.B. Gogoi, learned Addl. Public Prosecutor submits that the basic allegation in this case is the forgery of documents for the purpose of illegal transportation of coal, limestone etc. by way of export and import between India and Bangladesh as well as transporting such materials in excess of the GST paid; stocking of coal etc. at various locations at Karimganj without license/permission causing huge loss of GST, sale tax etc. to the state. According to Mr. Gogoi, it is a coal syndicate case and the accused and others are doing such export and import illegally without paying GST or through fake GST or through fake invoices and as such, the whole matter needs indepth investigation, which is in preliminary stage.
Page No.# 3/5 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 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 Page No.# 4/5 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 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.
A perusal of the case diary including the statements u/s 164 Cr.P.C. prima facie, inter-alia, reveals that the present accused petitioner and others, who are running illegal syndicate of export and import of coal business between India and Bangladesh (cross-border trade), transport in excess of capacity of the trucks and sometimes without paying GST or through fake documents and stocking coals etc. without license/permission from competent authority. There is also evidence to show that for this purpose, fake registration number plates of trucks were used. The investigation is yet to be completed.
It may be noted that the two reports issued by the Assistant Commissioner of State Tax, Karimganj vide No. 84/3862, dated 25.05.2021 (part of Annexure-7) and by the Superintendent of Police, Karimganj, vide No. Crime/IX-2/2021/4275, dated 26.05.2021 (Annexure-9) are prior to the F.I.R., dated 31.05.2021 and as such, these two documents, which reflect only a general assessment of trade issues, prima facie cannot have relevancy to the accused petitioner's case, subject, of course, to further investigation.
Page No.# 5/5 Therefore, this Court is of the opinion that if the liberty of bail is granted to the accused at the present stage of investigation, the ongoing investigation is likely to be seriously hampered.
Accordingly, the bail application stands rejected.
The investigating officer is directed to expedite investigation as the accused has been in judicial custody.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant