TMI Blog2021 (9) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... . This Court is of the opinion that if the liberty of bail is granted to the accused at the present stage of investigation, the entire investigation is likely to be hampered - bail application dismissed. - Bail Appln./1269/2021 - - - Dated:- 16-7-2021 - HONOURABLE MR. JUSTICE AJIT BORTHAKUR Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM ORDER Hearing held through remote video conference. Heard Mr. H.R.A. Choudhury, learned Sr. counsel appearing for the accused petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P. for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Lukman Hussain @Lokman Hussain has prayed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigation, which is in preliminary stage. The F.I.R. lodged by S.I. Nilima Singha reveals the allegation of seizure of 11 coal loaded trucks standing ahead of about a half kilometer from Sutarkandi Integrated Check Post (ICP) on the basis of secret information, which were suspected to be carrying coals that were illegally stocked or stolen/brought from illegal mining sites and being transported to Karimganj district using forged documents. It is alleged in the FIR that in the past too, some members of Coal Export Associations with the help of some middlemen exported coal to Bangladesh through Sutarkandi Integrated Check Post (ICP) by preparing fake/invalid documents. During enquiry, it was learnt from some reliable sources that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exporters again load the coal in small trucks and send these trucks for export by forging the e-way bills and other GST tax invoice papers. It is noticed that the accused has been in judicial custody since 02.06.2021. A meticulous scrutiny of the case diary including the statements recorded u/s 164 Cr.P.C., prima facie, inter-alia, reveals that the accused has been doing export/import business of coal with Bangladesh using forged documents and either transporting in excess of truck capacity or without paying GST or forged e-way bills and even by stealing coals from banned coal stocks of Meghalaya in violation of the order of the National Green Tribunal. Therefore, this Court is of the opinion that if the liberty of bail is gra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
