Khalikuzzaman Laskar @ Khalique Jaman Laskar v. The State of Assam

ORDER Date : 15.02.2024

Heard Mr. A.M. Barbhuiya, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Katlicherra P.S. Case No. 231/2023, under Sections 120(B)/420/379/411 of the IPC, this application under Section 438 Cr.P.C. has been preferred by the applicant, namely, Khalikuzzaman Page No.# 2/3 Laskar @ Khalique Jaman Laskar, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by S.I. Billeswar Kalita of Katlicherra P.S. on

27.12.2023. The essence of allegation made in the FIR dated 27.12.2023, is that acting on a tip off, on 26.12.2023 at around 8:30 p.m., he along and his staff have recovered 27 numbers of gunny bags containing suspected foreign origin betel nuts from the house premises of the applicant.

¶4Mr. Barbhuiya, learned counsel for the applicant submits that the applicant is a businessman and deals with betel nuts of local origin and that he had been granted the privilege of interim pre-arrest bail by this Court, vide order dated

22.01.2024 and pursuant to the said order, he had also appeared before the I.O. and he has been cooperating with the investigating agency, and therefore, a contention is being made that the interim order dated 22.01.2024, may be made absolute in the same terms and conditions.

¶5On the other hand, Mr. Sarma, the learned Addl. Public Prosecutor submits that he has received the case diary and that I.O. has collected the report from the Agriculture Department regarding origin of the seized 27 numbers of gunny bags of betel nuts and as per the report, the same are not of local origin.

¶6Having heard the submission of learned Advocates of both sides, I have gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Addl. Public Prosecutor.

¶7The case diary indicates that the I.O. has achieved substantial progress in the investigation of the case. Further, it appears that the applicant has been cooperating with the investigating agency and appeared before the I.O. pursuant to the order dated 22.01.2024. Page No.# 3/3

¶8In that view of the matter, custodial interrogation of the applicant seems not be warranted and therefore, the order dated 22.01.2024 is hereby made absolute with the same terms and conditions.

¶9In terms of above, the application stands disposed of.

¶10Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010010252024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/162/2024 KHALIKUZZAMAN LASKAR @ KHALIQUE JAMAN LASKAR S/O AZFAR ALI LASKAR VILL- RONGPUR PART-IV, P.S.KATLICHERRA, DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN