Jitu Hazarika v. The State of Assam

ORDER

09.10.2023

Heard Mr. S. Borthakur, learned counsel for the applicant and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with BI [EO] PS Case No. 21/2023, under Sections 120[B]/379/411/119 of the IPC read with Sections 35/41 of the Assam Forest Regulation Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicant namely, Sri Jitu Page No.# 2/3 Hazarika for grant of pre-arrest bail.

¶3It is to be noted here that the above noted case has been registered on the basis of one FIR, lodged by one Sanjib Kumar Goswami, Inspector of Police, BIEO, Assam on 25.08.2023. The essence of allegation made in the said FIR is that on the basis of news item published in Axomia Pratidin on

04.03.2023, a preliminary enquiry was conducted by Shri Amrit Ch. Kalita, Dy.S.P. CM's SVC, Assam and a report, vide PE No.05/2023, was submitted, which indicates that several persons, namely, Dandinath Missong, Dimbeswar Mipun, Memsura Missong, Mona Missong and Chandra Missong of Village Dadhiya, under Chabua P.S. are involved in smuggling timbers illegally from Dibru-Saikhowa National Park. The report also indicates that several saw mills, namely, Khan Saw Mill, Santosh Kumar Dhelia Saw Mill, Raj Saw Mill, Rupai Saw Mill, Asu Das, Mukti Singh, Ramavater Saw Mill, Das & Das Saw Mill, which are set up on the river bank of Brahmaputra, near Dibrugarh Town, collects the logs from the river and transported it after sawing. The report further indicates that one Pradip Medhi, Writuraj Buragohain, Raju medhi, Kalyan Sonowal, Mohan Sonowal, Hemanta Moran, Gunin Gogoi, Dharani Gogoi, Sanjoy Sharma and Wajid Khan of Tinsukia district have been running timber business covering Assam Arunachal border area. Further, the report indicates that local Forest Officials of Sadiya, Doom Dooma, Talap, Tinsukia, Dibrugarh, Guijan Range and Saikhowa Wildlife Range and Police Officials are aware about such illegal trade.

¶4Mr. S. Borthakur, learned counsel for the applicant submits that the applicant has been serving as Driver of DFO. Mr. Borthakur further submits that he is no way involved with the offence alleged in the FIR and that pursuant to the order of this court dated 18.09.2023, the applicant had appeared before the IO and his statement has been recorded and he has been co-operating with the Page No.# 3/3 Investigating Agency and, therefore, it is contended to make the interim order, dated 18.09.2023, absolute in the same terms and conditions.

¶5On the other Mr. P. Borthakur, learned Additional Public Prosecutor by producing the case diary before this court, opposed the petition and submits that the IO has collected some materials against the applicant.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7It is not in dispute that the applicant had appeared before the IO and he has been cooperating with the investigating agency. Further, it appears from the case diary that the IO has collected some materials against the applicant. But, the same appears to be not at all sufficient to justify the custodial interrogation of the applicant. Besides, the applicant has been cooperating with the investigating agency.

¶8Having regards to above and also having regards to the nature of accusation and the punishment prescribed for the same, this Court is inclined to make the interim order dated 18.09.2023, absolute in the same terms and condition.

¶9In terms of above this AB stands disposed of.

¶10The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010210642023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3204/2023 JITU HAZARIKA S/O LATE SURESH HAZARIKA R/O AMOLAPOTTY MOHANGHAT, P.S. DIBRUGARH DIST. DIBRUGARH VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. S BORTHAKUR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN