Gauhati High Court
Prasanta Boro @ Rinku@ Victor vs The State Of Assam on 17 March, 2022
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/4
GAHC010028112022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./345/2022
PRASANTA BORO @ RINKU@ VICTOR
S/O NABIN BORO
R/O KAMAL NAGAR
BARAMA, P.S. BARAMA BTAD,
DIST. BAKSA, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S MUNIR
Advocate for the Respondent : PP, ASSAM
Linked Case : Bail Appln./298/2022
BIDYUT SINHA
SON OF SRI BIDHU BHUSHAN SINHA
R/O KRISHNA NAGAR
GOTANAGAR
P.S. JALUKBARI
DIST. KAMRUP (M)
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP
ASSAM
Page No.# 2/4
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Advocate for : MR. S MUNIR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
16.03.2022 By way of these applications filed under Section 439 CrPC, petitioners, namely, Bidyut Sinha, and Prasanta Boro @ Rinku @ Victor, who were arrested on 25.01.2022 and 07.02.2022 respectively, have prayed for granting them regular bail, in connection with Crime Branch PS Case No. 01/2022, registered under Sections 120(B)/379/411/ 465/468/471 IPC.
Heard the learned counsel for both the sides.
Also perused the record and the Case Diary.
The brief facts of the case are that, on 25.01.2022, an Inspector of Crime Branch Police Station, namely, Jyotirmoi Dutta, received a specific source information that few persons belonging to different places are involved in inter-state smuggling of betel-nut (supari), without valid documents. Thereafter, after conducting an enquiry, one of the petitioners, Bidyut Sinha was apprehended and was duly interrogated. On his interrogation, it was revealed that the petitioner Bidyut Sinha along with Biju Thapa, Akbar, Ajmal (all residents of Silchar, being kingpins and few other persons from different places are involved in illegal betel-nut (supari) smuggling for quite sometime, from Mizoram via Shillong to Guwahati. Further, the enquiry reveals that the supari is stocked at various places in Assam without any valid documents. The source of the supari is found to be doubtful and also raises suspicion that these have been stolen from various places and are handed over to individuals dealing in such stolen property. To hoodwink the Police/tax and other law enforcing agencies, they also prepare fake Page No.# 3/4 documents to escape the legal dragnet. In addition, through forged documents, they also evade due taxation and cause huge loss to the State exchequer. The money which is legally meant for taxes is thus misappropriated by them. On the basis of the investigation, the IO has given the following submissions:-
1) That the accused Akbar Hussain Laskar is the mastermind behind the entire smuggling of betel nut from Myanmar. In fact, he along with some of his associates facilitates logistic and monetary support to smuggle the illegal Burmese betel nut from Myanmar to Nagpur and other parts of India through Assam.
2) Further, the accused Akbar used to procure Burmese betel nut from Myanmar through Mizoram border and thereafter, he through this influential persons transported the Burmese betel nut to Assam through Meghalaya Border and kept the same in a Godown at Amingaon, Kamrup ®, owned by one Joy Prakash Sharma (associate of Jasbir) fro some days and thereafter again transported the same to Nagpur and other parts of India. For safe passage of the smuggled items, the engaged persons used to offer bribes and gratifications to the police personnel, who were either in patrolling duty or police personnel, whose police stations are stranded near the road through which smuggled items are transported.
3) That after arrival of the smuggled items at Jorabat, Meghalaya, the accused Akbar engaged two persons, namely, Biju Thapa (absconding and Bidyut Sinha (present petitioner) to provide all support for safe passage of the vehicles carried with illegal betel nuts upto Amingaon area, where same are kept in a godown. After keeping the smuggled items in the godown for some days, the petitioners Prasanta Boro @ Rinku @ Victor, at the instruction of accused Akbar provided all support fro transportation of the smuggled items upto Srirampur Area and in that area, one Raju managed all the things so as to transport the smuggled items to other parts of India. So, for transportation of Page No.# 4/4 the smuggled items from Myanmar to Nagpur and other parts of India, the aforesaid persons and the accused Akbar played a role of bridge, which is required to be broken.
4) The above facts have been revealed from the 161 and the 164 CrPC statements of the witnesses, and elaborated by one of the petitioners, Bidyut Sinha (arrested) and Ajamal (witness), in their 164 CrPC statement.
5) Investigation so far conducted reveals that the offence committed by the accused persons is grievous in nature. The accused Akbar used to import Burmese betel nut from Myanmar without any license that too, by offering bribe and gratification to the Govt. officials, who, in fact, facilitated the accused to do the illegal acts.
6) The accused Akbar is still evading from arrest though several attempts have been made to nab him. Custodial interrogation of the accused Akbar is necessary to unearth the whole racket, who are involved in this scam of import and transportation of betel nut from Myanmar. Further custodial interrogation of the accused Akbar is necessary to apprehend other accused Captain Jasbir Singh and Biju Thapa.
Considering all entirety of the matter, this Court is of the opinion that for further investigation of the matter, the custodial detention of the petitioners is necessary. Accordingly, the bail prayer made on behalf of the petitioners are hereby rejected at this stage.
Both the bail applications stand disposed of.
Return the Case Diary.
JUDGE Comparing Assistant