Robiul Islam Vs the State of Assam

Heard Ms. F Hussain, learned counsel for the petitioner in AB No. 2987/2024 and Mr. S Munir, learned counsel for the petitioner in AB No. 49/2025. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State.

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2. The petitioner of AB No. 2987/2024, namely, Robiul Islam, son of late Mijanur Rahman, resident of village-Kasima, P.S.-Lakhipur, District Goalpara and the petitioner of AB No. 49/2025, namely, Sahjahan Ali, son of Abu Shama, resident of Village-No. 2 Baladmari Char, P.S.-Goalpara, District-Goalpara, have filed these applications under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending their arrest in Goalpara Police Station Case No. 139/2024 registered under Sections 303(2)/318(4)/336(3)/3(5) BNS read with Section 23 of the Petroleum Act, corresponding to G.R. No. 997/2024.

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3. As per the FIR dated 18.10.2024, the case is that on 17.10.2024 in the night at around 7:30 P.M. while one ULTRA T-7 Truck bearing registration No. AS-28C-9878 was intercepted and checked, 21 Nos. of drums containing suspected Petroleum products were found inside it. When enquired from

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the owner of the truck Hanif Ali and its driver Abdul Kalam Azad, they informed that those suspected Petroleum products were sent by one Jaher Ali of Dhubri district and it was suspected that said Jaher Ali obtained those Petroleum products from some unknown source suspecting to be stolen one that have been sent to one Robiul Islam from Lakhipur Police Station of Goalpara District through some forged Challans. Those 21 Nos. of drums containing suspected Petroleum products were accordingly seized and the petitioners, including said Jaher Ali were named in the FIR.

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4. By order dated 13.12.2024 passed in AB No. 2987/2024 and by order dated 09.01.2025 passed in AB No. 49/2025, the Court granted interim pre-arrest bail to the petitioners, named above, in said Goalpara Police Station Case No. 139/2024 and the prosecution was asked to place the relevant FSL Report of the seized substances.

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5. Mr. B Sharma, learned APP, Assam from the case diary submitted that though the petitioners on obtaining interim pre-arrest bail have appeared before the concerned Investigating Officer of the case, their statements have been recorded and they are co-operating with the investigation of the case, but till date the relevant FSL report pertaining to the seized materials from those 21 drums containing suspected Petroleum products has not yet been received.

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6. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioners, named above, is not warranted to investigate the said Goalpara Police Station Case No. 139/2024. As such, these pre-arrest bail applications of the petitioners are accepted.

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7. Accordingly, the interim pre-arrest bail granted to the petitioners, namely, Robiul Islam, son of late Mijanur Rahman and Sahjahan Ali, son of Abu Shama in Goalpara Police Station Case No. 139/2024 by order dated 13.12.2024 passed in AB No. 2987/2024 and order dated 09.01.2025 passed in AB No. 49/2025 are hereby made absolute, subject to the full compliance of the terms and conditions as specified in those orders dated 13.12.2024 and 09.01.2025, noted above .

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8. Violation of any of the terms and conditions as specified in those orders dated 13.12.2024 and 09.01.2025, noted above, the pre-arrest bail granted to the petitioners, Robiul Islam and Sahjahan Ali, in said Goalpara Police Station Case No. 139/2024 shall stand automatically vacated.

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9. Accordingly, these pre-arrest bail applications stands disposed of.

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10. Return the case diary.

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JUDGE

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Robiul Islam v. the State of Assam

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Robiul Islam v. the State of Assam

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