Petitioner applied for anticipatory bail alleging apprehension of arrest due to seizure of banned fertilizers. Court rejected application after evaluating materials and gravity of offence.
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GAHC010201822022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2913/2022
THOKCHOM SURJIT SINGH S/O THOKCHOM IBOPISHAK SINGH R/O THINUNGEI AWANG P.O. MANING LEIKAI, P.S. BISNUPUR PIN-795126 DIST. BISNUPUR, MANIPUR
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR D CHUTIA
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
07.11.2022
Heard Mr. D. Chutia, learned counsel appearing for the petitioner as well as Mr. K. K. Das, learned Addl. P.P. appearing for the State.
The petitioner has prayed for anticipatory bail in connection with Khatkhati P.S. Case
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No. 71/2022, under Sections 120(B)/420/468/34 IPC.
It is submitted that the drivers namely Navanjit Kumar Singh, Guddu Kumar, Rajesh Kumar and Rahul Kumar who are connected with this case have already been granted bail vide bail application no. 2523/2022. It is submitted that the petitioner is apprehending arrest in connection with this case because the document annexed as Annexure-3 has been seized from possession of the drivers of the vehicles alleged to have been transporting inorganic fertilizer. The Annexure-3 depicts that the petitioner was to receive organic bio fertilizer. It is submitted by the learned counsel for the petitioner that the petitioner is a reputed fertilizer dealer, and his image will be tarnished if he will be arrested.
Learned Addl. P.P. has submitted that this case is connected with the incident dated 12.09.2022. Five trucks were seized during naka checking and the above named drivers were apprehended while transporting fertiliser. The drivers were carrying fertilizer from the middleman who struck the clandestine deal. The middlemen prayed for bail in connection with AB No. 2856/2022 and the middlemen namely Bijoy Singh and Sanjoy Singh @ Sanjoy Yadav were not granted bail by this Court vide order dated 20.10.2022.
It is submitted that vide Government notification by the District Agricultural Officer neem coated fertilizer is banned from being transported from district to district.
I have considered the materials available on record.
I have considered the gravity of the offence. The submissions at bar depicts that instead of organic bio fertiliser, banned fertilizer was seized in connection with this case. There are cogent materials in the case diary. Petition under Section 438 Cr.P.C stands rejected at this stage.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving transportation of banned fertilizers.
1 provisions across 1 enactments
THOKCHOM SURJIT SINGH
THE STATE OF ASSAM
SUSMITA PHUKAN KHAUND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
