Shah Nawaz Alam v. The State of Assam

ORDER Date : 08-01-2024

¶1Heard Mr. M. Hoque, learned counsel for the petitioner Shah Nawaz Alam.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure as he is apprehending arrest in connection with Gahpur Police Station Case No. 204/2023 under Sections 120(B)/379 of the Indian Penal Code, read with Section 11(1)(a)(b)(c)(d) of Prevention of Cruelty to Animal Act. Page No.# 2/3

¶3Heard Ms. N. Das, learned Additional Public Prosecutor for the respondent State of Assam.

¶4It is submitted on behalf of the petitioner that the petitioner is the owner of the vehicle and he was not privy to the fact that the driver and the handyman were involved in cattle smuggling.

¶5The learned Additional Public Prosecutor has raised objection stating that the entire structure of the vehicle was changed. There are incriminating materials in the case diary against the petitioner. Without the knowledge of the owner of the vehicle, it is not logical that the driver and the handyman would be able to transport smuggled cattle by changing the entire structure of the tanker and convert the oil tanker into a vehicle for transporting cattle.

¶6I have considered the submissions at the bar with circumspection. I have perused the case diary. The statements of seizure witnesses have already been recorded. Investigation has progressed to a considerable extent. There are indeed incriminating materials against the present petitioner. However, custodial interrogation may not be required at this stage as investigation has progressed to a considerable stage.

¶7I have considered the submissions that the petitioner is a local resident and he is not a flight risk. The petitioner has pledged to cooperate with the investigation.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶9In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of arresting authority under the Page No.# 3/3 conditions :

(1) That the petitioner shall appear before the Investigating Officer within ten days and will cooperate with the investigation,

(2) the petitioner shall refrain from such activities with which he is alleged.

(3) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation and the petitioner shall cooperate with the investigation.

¶10On breach of any bail conditions, bail order shall stand cancelled.

¶11Send back the case diary. Anticipatory Bail application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010281962023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4217/2023 SHAH NAWAZ ALAM S/O- LATE MAZIBUR RAHMAN R/O- VILLAGE AND P.O- BARMONIPUR P.S- MIKIRBHETA DISTRICT - MARIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECU.TOR Advocate for the Petitioner : MR M HOQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND