Abdul Rashid Ali @ Abdul Roshid v. The State of Assam

ORDER 08-11-2024 Heard Mr. G Chamuah, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/4

¶2Petitioner, namely, Abdul Rashid Ali @ Abdul Roshid, son of Babar Ali, resident of village-Pachania Pahar, Police Station-Jogighopa, District-Bongaigaon, has filed this application under Section 483 of the BNSS, 2023, praying for his bail in Changsari Police Station Case No. 274/2024 under Sections 61(2)/303(2)/317(2)/336(3)/340(2)/318(4) of the BNS, 2023 read with Section 7 of the Essential Commodities Act, corresponding to G.R. No. 1232 (K) of 2024, wherein he was arrested on 16.10.2024 and is in custody since then.

¶3As per the FIR dated 09.10.2024, lodged by Sub-Inspector of Special Task Force, Assam that it around 12.10 AM of 09.10.2024 received a specific information that a group was attempting to smuggle FRK(Fortified Rice Kernels) blended rice intended for PDS (Public Distribution System) distribution from Barpeta to Meghalaya and thereafter to other states like Mizoram and Tripura. On reaching Madanpur Toll Plaza around 02.05 AM it intercepted a suspected vehicle bearing Registration No. AS-19-AC-5078 that was suspected of carrying the FRK blended rice. During search, 600 bags of rice suspected to be FRK blended and intended for PDS distribution were recovered from the said truck. PDS rice is an essential commodity and the driver and helper of the truck could not produce valid documents for the consignment leading to the suspicion that the goods recovered were stolen property and it was suspected that a group of individuals including Anowar Hussain, owner of Hussain Trading Company, Kapla Chowk, Barpally, Barpeta; owner of Subhash Industries, Jagiroad; Abdul Rashid Ali, owner of vehicle No. AS-19-AC-5078 all are habitually involved in dealing with stolen goods and aiding in their consignment engaging in such activities in an organized manner. By the said FIR dated 09.10.2024, the complainant requested the Officer-in-Charge of Changsari Police Station to register a case and to unearth the whole nexus, handing over the driver of the vehicle No. AS-19-AC-5078, namely, Hafijur Rahman, son of Ebad Ali and the helper of the said vehicle, namely, Aminul Islam, son of Harmuj Ali to the authority of Changsari Police Station. Accordingly, said Changsari Police Station Case No. 274/2024 was registered under Section 61(2)/ 303(2)/317(2)/336(3)/340(2)/318(4) of the BNS, 2023 r/w Section 7 of the E C Act.

¶4Petitioner stated that he is the owner of the vehicle No. AS-19-AC-5078 seized in the said Changsari P.S. Case and that one Anowar Hussain, a businessman of paddy and rice hired his said vehicle for sending his paddy. On 04.10.2024 and 06.10.2024 by his said Page No.# 3/4 vehicle Anowar Hussain transported new "Bodo" paddy at GS Road 15 Mile, Guwahati and then on 08.10.2024 said Anowar Hussain through the petitioner's said vehicle transported "Ranjit" rice from his godown of Hussain Trading Company but the driver of the seized vehicle instead of the relevant challan of carrying "Ranjit" rice, gave the police the challan of carrying new "Bodo" paddy of its previous trip while it was intercepted by police at Changsari Police Station. Petitioner also stated that his said vehicle No. AS-19-AC-5078 is being used on hire by Anowar Hussain in his business of transportation of rice and paddy.

¶5Petitioner stated that he shall abide by any terms and conditions that may be imposed upon him for his release on pre-arrest bail in said Changsari Police Station Case No. 274/2024.

¶6Perused the case diary placed before the Court today by Mr. K K Parashar, learned APP, Assam.

¶7Case diary indicates that the driver and his associate relating to the vehicle No. AS-19-AC-5078 failed to place any valid document of carrying the rice with its brand, weight, place from where it was taken and the place in which the same was to be delivered along with the invoices, chalans etc.

¶8Case diary also indicates the involvement of the petitioner as the driver of his vehicle handed over challans of paddy and transported rice instead of paddy through the said vehicle in those 600 bags that were being carried to its destination for its delivery which was intercepted and seized by the police near Madanpur Toll Plaza under Changsari Police Station.

¶9Finding sufficient incriminating materials in the case diary with regard to the involvement of the petitioner in the alleged crime of illegal transportation of suspected FRK blended rice intended for PDS distribution for its sale to different places including the States of Meghalaya, Mizoram, Tripura etc. through his said seized vehicle in an organized manner, the Court is of the view that his detention in custody since 16.10.2024 cannot be considered for his bail in said Changsari Police Station Case No. 274/2024 as it is seen from the case diary that one of the prime accused, of the case, who is evading police, is yet to be taken into custody.

¶10As it is found that this is not a fit case to grant bail to the petitioner Abdul Rashid Ali Page No.# 4/4 @ Abdul Roshid in said Changsari Police Station Case No. 274/2024, accordingly, this application for his bail in said Changsari P.S. Case, stands rejected.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010230052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3360/2024 ABDUL RASHID ALI @ ABDUL ROSHID S/O BABAR ALI R/O PACHANIA PAHAR P.S JOGIGHOPA DISTRICT BONGAIGAON (ASSAM) PIN 783382 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR G CHAMUAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK