This court granted a conditional subjection to appearing before the investigating agency within 15 days. The petitioner was directed to comply with summons; failure would allow arrest. Bail provision was modified to ensure investigation and compliance.
Petitioner directed to appear before investigating agency within 15 days; no arrest during this period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010131812021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2537/2021
MONIRUL ISLAM S/O NAIM UDDIN SIKDAR
VILL- TAPAJULI PATHER, P.S. KALGACHIA, DIST. BARPETA, ASSAM PIN781319
VERSUS
THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM
2:THE UNION OF INDIA REPRESENTED BY THE SENIOR INTELLIGENCE OFFICER DIRECTORATE OF REVENUE INTELLIGENCE GUWAHATI ZONALI UNIT CHRISTIANBASTI
Advocate for the Petitioner : MR M J QUADIR
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
16-11-2021
This is an application made under Section 438 Cr.P.C., seeking pre-
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arrest bail of the accused-petitioner, namely, Monirul Islam , in connection with DRI Case No.24/CL/IMP/GOLD-CurDRI/GZU/2020-21 registered under Sections 135(1)(b)(i)(A) and Section 135 (1)(b)(i)(c) of the Custom Act.
Heard Mr. M.J. Quadir, learned counsel for the petitioner. Also heard Ms. P. Das, learned counsel, on behalf of Mr. S.C. Keyal, learned Standing Counsel, DRI, for the Respondent.
Perused the petition and the annexures furnished therein. Also perused the records produced before this Court as well as the bail objection filed by the respondent.
Mr. Quadir, learned counsel for the petitioner has submitted that the petitioner is in no way involved with the offence alleged in any manner and his SIM Card is found to have been used by some of the co-accused. On the other hand, the petitioner has not appeared before the Respondent DRI inspite of repeated summons issued to that effect and, thereby, he has refused to cooperate with the investigation of the case. Since the petitioner has taken the plea that he is not involved with the case in any manner and at the same time the investigating agency has found that the SIM card of the petitioner was used by the co-accused, there appears to have a reason to investigate in this direction and for any other allied aspect of the matter.
On the other hand, the petitioner has not appeared before the Respondent DRI inspite of repeated summons issued to that effect and, thereby, he has refused to cooperate with the investigation of the case.
That being so, in the considered view of this Court, to enable the investigating officer to investigate into the case in an appropriate manner and also to see that the petitioner cooperates with the investigation of the case, the petitioner is directed to appear before the investigating agency
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within 15 days from today as a matter of compliance of the notice issued to him and, during this period of 15 days, he shall not be arrested. However, it is made clear that on expiry of 15 days, the investigating agency would be at liberty to act in a manner, considered appropriate, for the purpose of investigation of the case.
With the above observation and direction, this petition stands disposed of.
Copy of this order be furnished to the respective counsel for the parties during the course of the day.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether pre-arrest bail can be granted in a customs offence where the accused failed to appear before the investigating agency despite repeated summons.
Whether the petitioner's refusal to cooperate with the investigation warrants a direction to appear before the investigating agency.
Whether the petitioner is entitled to immunity from arrest while complying with the directive to appear before the investigating authority within 15 days.
2 provisions across 2 enactments
Monirul Islam
The State of Assam
The Union of India
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
