Md. Rafiquddin Ahmed v. The State of Assam

ORDER

06.01.2023 Heard Ms. D. Brahma, 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 [Cr.PC], the accused-petitioner viz. Md. Rafiquddin Ahmed has prayed for his release on bail in connection with Halwating Police Station Case no. 20/2022, registered for the offences under Sections 120B/379/413/468/420, Indian Penal Code [IPC]. Page No.# 2/3

¶3The accused-petitioner was arrested and produced before the Court of learned Chief Judicial Magistrate, Sivasagar, Assam on 29.11.2022 and on being so produced, he was remanded to custody.

¶4The First Information Report [FIR] was lodged by a Sub-Inspector of Police attached to Halwating Police Station, pursuant to General Diary Entry no. 462 dated 28.11.2022. As per the FIR, when Naka Checking was carried out on the National Highway no. 61 near Amguri Tea Estate Chariali on 28.11.2022, two trucks bearing registration no. PB-05-AL/4737 & HP-38/G-8397 which were proceeding from Nagaland side towards Assam were intercepted and searched on suspicion. When the drivers of the two trucks were asked, they stated that they were carrying dry betel nuts from Nagaland and the same would be delivered at Guwahati and Kolkata. On being asked to produce the valid documents for the betel nuts, they produced some documents which were suspected to be a forged ones. When search was carried out in the two trucks, 339 bags and 280 bags of betel nuts suspected to be of foreign origin, were recovered and seized. 5 [five] nos. of persons were also apprehended at the spot which included two drivers of the two trucks and one handyman. The other two accused persons were apprehended on the basis of information given by the drivers of the two trucks. The other two were found following the two trucks in a four wheeler vehicle [Tiago] bearing registration no. AS-04/AA-9707.

¶5The accused-petitioner, Md. Rafiquddin Ahmed was one of the two persons who were apprehended on the basis of the information given by the two drivers and handyman of the two trucks. The accused-petitioner was found following the two trucks carrying betel nuts suspected to be of foreign origin.

¶6Mr. Sarma, learned Additional Public Prosecutor who has received the case diary, has submitted that there is a report from the Superintendent of Taxes, Circle-IV, Sivasagar to the effect that the invoices/e-way bills were in the name of some third party whose existence cannot be ascertained till date despite efforts.

¶7From the statements of the arrested accused persons more particularly, the drivers and the handyman of the two trucks, it has emerged that it was at the instruction of the accused-Page No.# 3/3 petitioner, Md. Rafiquddin Ahmed the consignments of betel nuts were carried in the two trucks for delivery and the drivers were paid an amount by the accused-petitioner, Md. Rafiquddin Ahmed for carrying out the task. The accused-petitioner was found following the said two trucks in a four-wheeler and he was apprehended at the Naka Checking as per the information provided by the drivers and the handyman of the two trucks, already apprehended at the Naka Checking point. The accused-petitioner Md. Rafiquddin Ahmed is found not cooperating with the investigation of the case. Having found specific involvement of the accused-petitioner in the transportation of betel nuts suspected to be of foreign origin, this Court is of the considered view that the release of the accused-petitioner, at this stage of investigation, is likely to affect the further investigation of the case in prejudicial manner and as such, the prayer for bail of the accused-petitioner, at this stage of investigation, is rejected.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010269342022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./42/2023 MD. RAFIQUDDIN AHMED S/O LT. MOFIZUDDIN AHMED, R/O DHAI ALI ROAD, WARD NO. 1, DIST- SIVASGAR, ASSAM-785640, P.S. AND P.O.-SIVASAGAR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY