Gauhati High Court
Rubul Dulia And Anr vs The State Of Assam on 4 September, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/3
GAHC010111902020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 1666/2020
1:RUBUL DULIA AND ANR
S/O SRI MADHAB DULIA, R/O CHABUA BOGDUNG MUDAI GAON, P.O.
AND P.S.-CHABUA, DIST-DIBRUGARH, ASSAM
2: BIKASH JAIN @ VIKASH JAIN
S/O SRI PADUM KUMAR JAIN
R/O SHANTIPARA BASHBARI
P.S. AND DIST-DIBRUGARH
ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 04-09-2020 Heard Mr. S. Islam, learned counsel for the accused-petitioners and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent, State of Assam.
2) By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC) the accused-petitioners viz. 1) Sri Rubul Dulia, and 2) Sri Bikash Jain @ Vikash Jain have prayed Page No.# 2/3 for their release on bail, in connection with Chabua Police Station Case no. 139/2020 registered under Sections 379/411, Indian Penal Code (IPC) read with Section 23(1)(a) of Petroleum Act, 1934 read with Section 7 of Essential Commodities Act, 1955.
3) The accused-petitioner no. 1 is in custody since 30.07.2020 whereas the accused- petitioner no. 2 is in custody since 04.08.2020.
4) The First Information Report (FIR) has been lodged by a Sub-Inspector attached to Chabua Police Station on 23.07.2020. In the FIR, it is mentioned that on 23.07.2020, upon receipt of an information, a team led by Additional Superintendent of Police Headquarter conducted a raid in R.D. Dhaba Kanjikhuwa under Chabua Police Station and seized i) 3 (three) numbers of tankers containing approximately 20,000 liters of suspected adulterated diesel/condensate, ii) 1,000 liters of kerosene used as adulterant, iii) 5 liters Nitric acid, iv) 20 kgs of suspected powder adulterant, v) 2 Nos. of Electric Motor, vi) 2 Nos. Motorcycle, vii) 1 scooty, viii) 1 chemical testing kit, ix) 2 Nos of sintex approximately 1,000 liters kerosene plastic drum, x) 7 Nos. of empty drums, xi) 3 Nos. of plastic pipes. One Sri Amit Urang was apprehended. Suspecting the materials to be used for adulteration of diesel the FIR has been lodged. Suspicion is also made that the diesel/condensate were stolen and siphoned off from Oil India Limited Tankers and IOCL Tankers and the seized kerosene was suspected to be siphoned off from P.D.S./Co-operative societies. .
5) The learned Additional Public Prosecutor has produced the case diary.
6) It is contended on behalf of the accused-petitioners that as Section 23(1)(a) of Petroleum Act, 1934 is punishable with simple imprisonment which may extend to one month or with fine or with both, the same is bailable in nature. It is similarly contended that Section 7 of Essential Commodities Act, 1955 is also bailable in nature. In so far as the allegation regarding the offences under Sections 379/411, IPC are concerned, it is submitted that none has made any allegation regarding theft of any diesel/suspected adulterated diesel amounting to about 20,000 liters. On the other hand, the learned Additional Public Prosecutor has submitted that the accused-petitioners are suspected to be involved in the business of adulteration of petroleum products and after such adulteration, the adulterated petroleum products are suspected to be sold by the accused-petitioners in the state of Arunachal Pradesh.
7) On a pointed quarry, the learned Additional Public Prosecutor has submitted that during the course of investigation carried out so far, no complaint has been received from any quarter including Oil India Ltd./IOCL, that any petroleum products from their ends had been stolen. The accused-petitioner no. 1 is the owner of R.D. Dhaba Kanjikhuwa and the accused-petitioner no. 2 is his associate.
8) As mentioned above, the accused-petitioners are in custody since 30.07.2020 and 04.08.2020 respectively. The materials suspected to be used in the suspected operation of adulteration of petroleum products have already been seized. No complaint has been received from any quarter till date as regard stealing of any petroleum products from any place/source. The accused-petitioners are thoroughly interrogated during the period of Page No.# 3/3 custody. The offence under Section 7, Essential Commodities Act, 1955 has been held to be bailable by the judgment and order dated 27.11.2017 passed by a Division Bench of this Court in AB 1205/2017 (Jayanta Kr. Das vs. The State of Assam). Similarly in Kailash Kumar Agarwalla vs. The State of Assam, 2004(2) GLT 347, the offence under Section 23(1)(a), Petroleum Act, 1934 has been held to be bailable.
9) Upon due consideration of the aforesaid fact situation obtaining in the case, this Court is of the considered view that further custodial detention of the accused-petitioners to carry out further investigation in the case is not necessary, provided that they continue to extend their co-operation and their release on bail, at this stage of investigation, is not likely to hamper the cause of investigation in the case in any prejudicial manner.
10) Accordingly, it is directed that the accused-petitioners shall be released on bail on furnishing a bail bond of Rs. 50,000/- each with one local surety each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Dibrugarh subject to the conditions that :-
i) the accused-petitioners shall co-operate with the investigation and make themselves available for interrogation whenever required by the Investigating Officer (I.O.) of the case;
ii) the accused-petitioners 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 them from disclosing such facts to the court or to any police officer;
iii) the accused-petitioners 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;
iv) the accused-petitioners shall maintain law and order and they shall not commit an offence similar to the offence of which they are accused, or of the commission of which they are suspected; and
v) the accused-petitioners shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if charge sheeted in the case.
The application stands disposed of in the aforesaid terms. Return the case diary.
JUDGE Comparing Assistant