Gauhati High Court
Shreyansh Kumar Golchha vs The State Of Assam on 22 October, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010174992021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3445/2021
SHREYANSH KUMAR GOLCHHA
S/O- PADAM CHAND GOLCHHA, R/O- ASSAM UDYOG BUILDING, 2ND
FLOOR, M.S.ROAD, P.S. PANBAZAR, GHY-01, DIST.- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 22-10-2021 Heard Mr. A. Choudhury, learned counsel for the petitioner and Ms. S.H. Borah, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Shreyansh Kumar Golchha has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Changsari Police Station Case no. 255 of 2021, registered under Sections 120B/ 379/ 411, Indian Penal Code (IPC).
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3. The First Information Report (FIR), registered on 07.06.2021, has mentioned that on receipt of an information through whatsup and instructions of the Special Director General of Police (DGP), a search operation was carried out by a team led by Additional Superintendent of Police, Kamrup in a number of premises located inside the Brahmaputra Industrial Park, Gouripur suspecting storage of illegal supari of Burmese origin and during the search operation, a huge amount of areca nuts was recovered and seized. The informant has alleged that seized Burmese origin areca nuts were stolen properties and the same have caused huge loss to the State exchequer.
4. M/s. Ghewar Chand Keshri Chand LLP is a limited liability partnership firm and Sri Shreyansh Kumar Golchha and Sri Nirmal Kumar Golchha are its partners. During the search operation, 12051 bags of dried Areca nuts have been recovered from the Godown belonging to M/s. Ghewar Chand Keshri Chand LLP. The petitioner is an authorized representative of M/s Ghewar Chand Keshri Chand LLP.
5. Mr. Choudhury has submitted that apart from 12051 begs of dried Areca nuts were recovered from the Godown of M/s Ghewar Chand Keshri Chand LLP, the team of officials had also recovered dried Areca nuts from the premises/ Godowns of a number of other entities during such search operation. After such search and seizure, a number of zimma petitions were filed before the Court of learned Chief Judicial Magistrate (CJM), Kamrup, Amingaon by a number of zimma petitioners. The learned CJM, Kamrup, Amingaon on 23.06.2021 had called for a report from the Investigating Officer (I.O.) regarding ownership of the dried areca nuts seized, in connection with the zimma petitions filed by all the zimma petitioners including M/s. Ghewar Chand Keshri Chand LLP. After receipt of the police report, the learned CJM, Kamrup, Amingaon by an order dated 13,07,2021 had allowed the zimma petitions in favour of the petitioners on the condition of submission of custody bond/ zimma nama of the requisite amount.
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6. It is further submitted by Mr. Choudhury that the investigating authority had issued notice under Section 91 of the Cr.P.C. asking M/s. Ghewar Chand Keshri Chand LLP to submit documents/ information in connection with the case on 10.06.2021. Apart from other information/ documents, the investigating authority had sought for invoices of areca nuts stored by M/s. Ghewar Chand Keshri Chand LLP in its Godown. M/s. Ghewar Chand Keshri Chand LLP had submitted the aforesaid documents/ invoices, as had been asked, on 12.06.2021. Mr. Choudhury has submitted that it is a fit case for extending the benefit of pre- arrest bail to the petitioner viz. Shreyansh Kumar Golchha, who is a partner of M/s. Ghewar Chand Keshri Chand LLP.
7. From the reply submitted by the petitioner on 12.06.2021, it transpires that 76 nos. of tax invoices in respect of dried areca nuts stored in the Godown of M/s. Ghewar Chand Keshri Chand LLP were submitted by the petitioner. From the order dated 13.07.2021, it also transpires that the learned CJM, Kamrup, Amingaon had allowed the zimma petitions in view of the submission made by the I.O. that the seized materials may be released in favour of the petitioners as the seized materials were perishable in nature.
8. Having regard to the nature of allegations made in the FIR; pending ascertainment of the genuineness of the invoices, 76 in nos., as have been submitted on behalf of the petitioner; and receipt of the FSL report regarding origin of dried areca nuts so seized, whether it is Burmese origin or otherwise, it is provided, in the interim, that in the event of arrest of the petitioner viz. Shreyansh Kumar Golchha in connection Changsari Police Station Case no. 255 of 2021, he shall be released on bail on furnishing a bail bond of Rs. 25,000/- 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 10 (ten) days from today 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;
Page No.# 4/4 [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.
9. List the case on 16.11.2021 on which date learned Addl. Public Prosecutor shall produce the concerned case diary.
10. Let a copy of this order be furnished to the learned Addl. Public Prosecutor, Assam for doing the needful.
JUDGE Comparing Assistant