Rubul Saikia v. The State of Assam

ORDER Date : 19-01-2023 Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakati, learned counsel for the accused-petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State of Assam.

¶2By this application under Section 439, Code of Criminal Procedure, 1973 [CrPC], the accused-petitioner viz. Rubul Saikia has prayed for his release on bail in connection with Gorchuk Police Station Case no. 318/2022, registered under Sections 420/467/468/471/379, Indian Penal Code [IPC]. Page No. 2/3

¶3The First Information Report [FIR] was lodged on 21.10.2022 by a Sub-Inspector of Police, attached to Gorchuk Police Station. As per the FIR, the Police Station received a reliable information on 21.10.2022 to the effect that one Oil Tanker, bearing registration no. WB-41/J-7638 [the subject-vehicle] was carrying HSD Oil from Meghalaya to West Bengal illegally. After registering General Diary Entry no. 786/2022, a police team was detailed. The police team detailed for the purpose, intercepted the vehicle at Gorchuk Chariali and on inspection, found that the subject-vehicle was loaded with 29,000 litres of HSD Oil. It was suspected that the consignment of HSD Oil was stolen from Meghalaya and it was being transported to M/s Coal Mines Associated Trades Private Limited Sonepur, West Bengal. The driver and two other persons were apprehended.

¶4The accused-petitioner was granted interim bail by order dated 04.11.2022 till further consideration of the bail prayer on production of the case diary, with the conditions mentioned therein.

¶5Mr. Choudhury, learned Senior Counsel for the petitioner has submitted that the accused-petitioner is the Manager of a Petrol & Diesel filling station named M/s Megha Service Station, located at 10th Mile, Mawsmai, Ri-Bhoi District. By referring to the invoice dated 20.12.2022, he has submitted that the consignment of 29,000 litres of HSD Oil was loaded in the subject-vehicle in favour of M/s Coal Mines Associated Trades Private Limited following all due formalities. It is submitted by Mr. Choudhury that there is no allegation from any quarter that the 29,000 litres of HSD Oil was stolen from anywhere. He has submitted that on sale of HSD Oil, all taxes were paid by purchaser as the tax component is loaded in the diesel retail price. It is further submitted that there is no restriction in the inter-State transportation of HSD Oil and therefore, if any offence has been made out, the same is a bailable offence within the meaning of Section 23 of the Petroleum Act, 1934, for which simple imprisonment extending upto 3 [three] months or fine extending upto Rs. 500/-, or both is prescribed.

¶6Mr. Sarma, learned Additional Public Prosecutor who has received the case diary, has Page No. 3/3 also admitted about the appearance of the petitioner before the I.O. of the case in deference to the order dated 04.11.2022.

¶7The accused-petitioner has already been released on interim bail on 04.11.2022 with conditions mentioned therein. There is no material to indicate that the accused-petitioner has misused the liberty granted to him on 04.11.2022 by violating any of the conditions, mentioned therein. Pursuant to the interim order, the accused-petitioner appeared before the I.O. of the case, meaning thereby, he has already joined the investigation.

¶8I have perused the materials available in the case diary. From the case papers appended to the bail application, it appears that one Mrs. Monalisha Sarmah Chaliha is the licensee and the owner of the petroleum and diesel filling station named M/s Megha Service Station, located at 10th Mile, Mawsmai, Ri-bhoi district. From the invoice dated 20.10.2022, it transpires that a quantity of 29,000 litres of HSD Oil was sold to M/s Coal Mines Associated Traders Pvt. Ltd., District – Paschim Bardhaman, West Bengal for consideration. In absence of any complaint received to the effect that the said quantity of HSD is stolen from any quarter or in the absence of any prima facie materials that the said quantity of HSD Oil is an object of crime, I find force in the submissions advanced on behalf of the petitioners.

¶9Having regard to the above fact situation obtaining in the case, this Court is of the considered view that the further custodial interrogation of the accused-petitioner appears not necessary for the purpose of carrying out further investigation of the case and accordingly, the interim bail granted to the accused-petitioner by order dated 04.11.2022, is made absolute, subject to the condition nos. [2], [3], [4], [5] and [6] already set forth in the said order dated 04.11.2022.

¶10The application for bail stands disposed of in the aforesaid terms.

JUDGE Comparing Assistant

Page No. 1/3 GAHC010223092022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2896/2022 RUBUL SAIKIA S/O HAREKRISHNA SAIKIA R/O ADARSHA NAGAR, 10TH MILE, P.S. BASISTHA DIST. KAMRUP (M), ASSAM, PIN-781029 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY