Juber Ahmed Mazumder v. The State of Assam

ORDER Date : 05-04-2024 Heard Mr. T. Chutia, learned counsel for the petitioner Juber Ahmed Mazumder.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC for short) as he is apprehending arrest in Page No.# 2/3 connection with Basistha Police Station Case No. 829/2023 under Section 379 of the Indian Penal Code, 1860 read with Section 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960, read with Section 13(1)/16 of the Assam Cattle Preservation Act, 2021.

¶3The allegation against the petitioner is that 27 heads of cattle were being carried illegally in his vehicle bearing registration No. NL-01AF-7873. It is submitted on behalf of the petitioner that this vehicle which was intercepted at Byrnihat, Meghalaya has already been given in zimma to the petitioner. It is also submitted that the cattle owner Ariful Islam had hired his vehicle and he was not aware that cattle was being smuggled by the owner through this vehicle.

¶4The learned Additional Public Prosecutor has raised objection stating that the vehicle owner and the present petitioner are complicit. There are sufficient materials against the petitioner.

¶5I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary.

¶6It is submitted on behalf of the petitioner that the cattle which were allegedly smuggled has already been given in zimma to the owner of the cattle.

¶7I have also considered the submission that the petitioner is willing to cooperate with the investigation. I have also considered the submissions that the petitioner is a local resident and he is not a flight risk.

¶8Considering all aspects, it appears that custodial interrogation may not be required as investigation has already progressed to a considerable extent.

¶9Prayer of the petitioner is allowed.

¶10In the event of his arrest, the petitioner shall be enlarged on bail on Page No.# 3/3 furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) to the satisfaction of the arresting authority under the conditions that:

(i) The petitioner shall appear before the Investigating Officer within ten days and cooperate with the investigation.

(ii) The petitioner shall refrain from such activities with which he is alleged.

¶11On breach of any of the bail conditions, bail order shall stand cancelled. Send back the Case Diary. In the above terms, this Anticipatory Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010056652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/730/2024 JUBER AHMED MAZUMDER S/O SAMSUL HAQUE MAZUMDER VILL- ROWARPAR P.S. MURAJHAR DIST. NAGAON (HOJAI), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND