Gauhati High Court
Muminul Islam Mazumder vs The State Of Assam on 6 December, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010250342022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3623/2022
MUMINUL ISLAM MAZUMDER
S/O ASRAFUL ISLAM MAZUMDER
R/O VILL-NIZ -BANSKANDI, PART-III, P.S. LAKHIPUR, DIST. CACHAR,
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B U LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 06.12.2022 Heard Mr. B.U. Laskar, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 Page No.# 2/3 [CrPC], the petitioner viz. Muminul Islam Mazumder has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Silchar Police Station Case no. 2133/2022 registered for offences punishable under Sections 120B/416/418/420/379/413, Indian Penal Code [IPC].
3. The informant, in the First Information Report [FIR] lodged on 05.09.2022, has alleged that 80 nos. of bags containing suspected Burmese Supari [Areca nuts] were recovered when a bus bearing registration no. AS-01/GC-2434 was searched by a team of police personnel on receipt of information from a reliable source. The 80 bags of suspected Burmese Supari [Areca nuts] were found concealed in the boot space of the bus. The driver and the handyman of the bus were arrested and the 80 bags ofsupari weighing 4,044.27 Kg were also seized. Claiming to be the owner of the said consignment of suspected Burmese Supari [Areca nuts] the petitioner preferred a custody petition before the court of learned Chief Judicial Magistrate, Cachar, Silchar but the same was rejected by an order dated 13.10.2022. Apprehending arrest in connection with Silchar Police Station Case no. 2133/2022 now, the petitioner has preferred this bail application.
4. Learned counsel for the petitioner has asserted that the petitioner has got all the genuine documents in support of his claim regarding ownership of the 80 nos. of bags containing suspected Burmese Supari [Areca nuts] and has also asserted that they are not from Burmese origin.
5. Having regard to the nature of allegations made in the FIR and the projections made on behalf of the petitioner, it is provided, in the interim, that in the event of arrest of the petitioner in connection with Silchar Police Station Case no. 2133/2022, he shall be released on bail on furnishing a bail bond of ₹ Page No.# 3/3 50,000/- with one local surety of the like amount, to the satisfaction of the arresting authority subject to the conditions that :
[i] the petitioner shall appear before the Investigating Officer (I.O.) of the case within 7 [seven] days from today with all the documents in support of his claim regarding ownership of the 80 nos. of bags containing Burmese Supari [Areca nuts] including the e-Way bill, etc. and shall cooperate with the investigation and shall thereafter, make himself available as and when his presence is required by the I.O. in the investigation of the case;
[ii] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; and [iii] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
6. List the case on 18.01.2023 for production of the case diary.
7. On 18.01.2023, the case diary including the documents submitted by the petitioner before the I.O. upon his appearance be produced.
JUDGE Comparing Assistant