Allowed

Rakesh Paswan and Anr. v. the State of Assam

Gauhati HC14 Mar 2022Bail Appln./412/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioners, drivers of a truck seized with areca nuts, holding that their detention was based solely on suspicion. The court noted lack of evidence to establish smuggling despite pending laboratory samples.

What did the court decide?

Petitioners released on bail on furnishing a bond of Rs. 10,000/- each with one suitable surety each to the SDJM, Bijni.

Rakesh Paswan and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010034542022

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

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Case No. : Bail Appln./412/2022

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RAKESH PASWAN AND ANR S/ O SUWAKDEO PASWAN, BY FAITH AND RELIGION- HINDU, BY PROFESSION- DRIVER, PERMANENT RESIDENT OF VILL-SINGHGHOLILA, SANKARTOLA, P.S. MATIPUR, IN THE DISTRICT OF MUZAFFARPUR, BIHAR-843132.

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2: SRI PAPPU SINGH S/O RAMJANAM BY FAITH AND RELIGION- HINDU BY PROFESSION- DRIVER PERMANENT RESIDENT OF- VILL- SINGHGHOILA SANKARTOLA P.S. MATIPUR IN THE DIST. OF MUZAFFARPUR BIHAR-843132

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM

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Advocate for the Petitioner : MR. V UPADHYAY

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 14-03-2022

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Page No.# 2/3

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Heard Ms. P. Mishra, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. P.P. for the State of Assam.

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By this application under Section 439 of the Cr.P.C., the petitioners, namely, 1. Sri Rakesh Paswan and 2. Sri Pappu Singh have prayed for bail in connection with Bijni P.S. Case No. 24/2022 registered under Section 120(B)/379/411/420/468 of the IPC.

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One night, police stopped a truck. The petitioners were the driver and cleaner of the truck. It was found that the truck contained 260 bags of areca nuts. Some documents in respect of the consignment were also found in possession of the petitioners.

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The police suspected that the areca nuts were smuggling from Myanmar without paying necessary tax to the Government of Assam.

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On perusal of the case diary, it is found that there is no evidence to establish that the areca nuts were actually smuggled from Myanmar.

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Mr. Sarma, learned Addl. P.P. has objected to the prayer of the petitioner by stating that samples of the seized areca nuts has been sent to the laboratory to determine whether those were foreign grown areca nuts.

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On perusal of the case diary, it is found that police detained the petitioners only on the basis of suspicion. Therefore, the prayer for bail of the petitioners is allowed.

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Accordingly, the petitioners named above shall be released on bail on furnishing bail bond of Rs. 10,000/- each with one suitable surety each

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Page No.# 3/3

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of the like amount to the satisfaction of the learned SDJM, Bijni.

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With the above observation and direction, the bail application stands disposed of.

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JUDGE

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Comparing Assistant

Rakesh Paswan and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rakesh Paswan 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

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