Allowed

Jiab Uddin Laskar @ Jijab Uddin Laskar and Anr. v. the State of Assam

Gauhati HC15 Mar 2022AB/537/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to petitioners charged under sections 379/411 IPC for possessing foreign areca nuts. The court dismissed prosecution arguments linking mere possession to smuggling and noted substantial doubt about the origin of goods.

What did the court decide?

Pre-arrest bail granted on bail of Rs. 25,000/- each with surety of like amount; appearance before IO within 10 days.

Jiab Uddin Laskar @ Jijab Uddin Laskar and Anr. Vs the State… — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010033432022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/537/2022

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JIAB UDDIN LASKAR @ JIJAB UDDIN LASKAR AND ANR S/O SID ALI LASKAR @ SOYED ALI LASKAR, R/O DHALCHERRA EXTENTION F.V. BANGALPUR P.S. LALA DIST. HAILAKANDI, ASSAM 2: MD. ALATA HUSEN LASKAR S/O JIAB UDDIN LASKAR @JIJAB UDDIN LASKAR R/O DHALCHERRA EXTENSION F.V. BANGALPUR P.S. LALA DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 15.03.2022.

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Heard Mr. A. Ahmed, the learned counsel appearing for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam.

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This is an application filed by the petitioners namely, Jiab Uddin Laskar @ Jijab Uddin Laskar and Md. Alata Husen Laskar, u/s 438 of Cr.P.C, praying for pre-arrest bail in connection with Lala P.S. Case No. 831/2021, under section 379/411 of IPC.

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The FIR in this case was lodged by a police officer. It has been alleged that 38 sacks of dry areca nuts, suspected to be of foreign origin, was found in the house of the petitioners.

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Mr. Sarma, while objecting the bail application, submits that there is an ongoing illegal trade of areca nuts, which are smuggled into India from Myanmar. According to Mr. Sarma, because of smuggling of areca nuts, the Government of India has sustained financial loss.

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Mr. Sarma further submits that from a report of agriculture department, it is established that the seized areca nuts were of foreign origin.

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I have given anxious consideration to the submissions made by the learned counsels for both sides.

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The present case has been registered under Section 379/411. The possession of smuggled goods does not come within the provision of 379/411. Smuggling activity causes financial lost to the country. But for, there are other agencies to prevent that.

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Page No.# 3/3

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After going through the materials available in the record, this Court is of the opinion that there is a substantial doubt about the allegation that the seized areca nuts were of foreign origin. Therefore, at this stage, this Court is of the opinion that the present petitioners do not deserve to be detained in custody.

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Accordingly, the pre-arrest bail prayer of the petitioners are allowed.

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It is hereby directed that in the event of arrest, the petitioners namely Jiab Uddin Laskar @ Jijab Uddin Laskar and Md. Alata Husen Laskar, shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with a surety each of like amount, to the satisfaction of the arresting authority. The petitioners are directed to appear before the Investigating Officer within next 10 days from today and also to co-operate with the investigation as and when called for.

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With the aforesaid observation, the pre-arrest bail application stands disposed of.

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JUDGE

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Comparing Assistant

Jiab Uddin Laskar @ Jijab Uddin Laskar and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jiab Uddin Laskar @ Jijab Uddin Laskar and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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