Dismissed
Dewan Jiyarul Hoque v. the State of Assam
Gauhati HCAB/1912/2023
Case brief
from the order text
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GAHC010114822023 THE GAUHATI HIGH COURT…
What the court decided
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GAHC010114822023 THE GAUHATI HIGH COURT…
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GAHC010114822023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1912/2023
DEWAN JIYARUL HOQUE
S/O- DEWAN HANIF ALI, R/O- VILL- HALDHIA PATHAR, P.S. SORBHOG, DIST.- BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR M CHOUDHURY Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09-06-2023
Heard Mr. S. Islam, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State.
By this application under Section 438 CrPC, the petitioner, namely, Dewan Jiyarul Hoque , apprehending his arrest is seeking pre arrest bail in Ghograpar P.S. Case No.99/2023 registered under Sections 120(B)/420/379/411 IPC corresponding to G.R. No.1126/2023.
As per the FIR of the case dated 28.04.2023, on specific input during a Naka Checking at Kayakuchi NH 27, Ghograpar, one loaded Truck bearing Registration No. AS-26-AC-0565 proceeding towards Nalbari from Barpeta side, on being apprehended, it was found that the
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said truck was illegally carrying 200 bags of DAP fertilizers, each bag containing 50 Kgs and 2 cartoons of suspected Indofil M-45 fertilizers, each cartoon containing 30 numbers of packets, without any valid documents and taking the advantage of heavy windstorm and rainfall, during said Naka-Checking time both the driver and the handyman of the said truck fled away.
During the investigation, police found those 200 bags of DAP fertilizers, and the 2 cartoons of suspected Indofil M-45 fertilizers were carried in the said Truck illegally.
Mr. Goswami, learned Additional Pubic Prosecutor, Assam from the case diary placed before the Court that the petitioner is the owner of the said Truck bearing Registration No. AS-26-AC-0565 and were carrying the fertilizers illegally and that he is the mastermind of such illegal activities. He also stated that there are sufficient incriminating materials against the petitioner in the case diary regarding illegal transportation of fertilizers by him to various places.
Finding sufficient incriminating materials in the case diary, against the petitioner regarding his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Dewan Jiyarul Hoque , in said Ghograpar P.S. Case No.99/2023.
Accordingly, this pre-arrest bail application of the petitioner, namely, Dewan Jiyarul Hoque, in said Ghograpar P.S. Case No.99/2023 stands rejected.
Return the case diary herewith.
JUDGE
Comparing Assistant
Dewan Jiyarul Hoque
The State of Assam
Manash Ranjan Pathak
As recorded by the court registry
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