Petitioner sought pre-arrest bail under Section 438 CrPC regarding a coal smuggling case. Court found custodial interrogation unjustified. Conferred absolute bail. Ordered return of case diary.
Interim bail is made absolute; return of case diary ordered.
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GAHC010105512021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1984/2021
SYED BINYAMIN AHMED S/O SYED SULTAN MAHMUD, R/O RAJABARI, DIST. JORHAT, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. R DUBEY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 05-01-2022
By filing this petition under Section 438 CrPC, the petitioner, namely- Syed Binyamin Ahmed has sought for pre-arrest bail in connection with Teok Police Station Case No.50/2021, registered under Section 120B/379/411/420/468/471 of the IPC.
Heard the learned counsel for the petitioner as well as the learned Addl. Public Prosecutor representing the State. Also perused the case diary and the documents annexed thereto.
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Three truck suspected to be illegally carried out coal. The driver of the vehicle could not be apprehended and the police seized the coals along with the trucks.
The petitioner herein submits that he is the Businessman and he deals in coal. He is the proprietor of Xylem Associate having GSTIN No. 18AIAPA4731A1Z3 and states that he legally carried the business with all relevant documents (annexed with this petition vide annexure 1).
It is further submitted by the petitioner that the learned Court of CJM has already released the coal in favour of the petitioner, who is the owner of the seized coals. The petitioner also filed additional affidavit to bring on record a notification issued by the Government of Nagaland/Dimapur for dealing with the coal Mining Lease (CML) to Shri Naoman Konyak. The petitioner stated to have purchase the coal from the said leasee.
Thus, it appears that the petitioner has certain documents in his favour, to deal with coal business and seized coal has been released in his favour.
Considering the all entirety of the matter, this Court is of the opinion that the custodial interrogation of the petitioner is not warranted.
Resultantly, Interim bail granted, earlier to the petitioner, is hereby made absolute. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner in the connection of the case.
1 provisions across 1 enactments
Syed Binyamin Ahmed
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
