Md Mustafizur Rahman Laskar vs. The State Of Assam

Facts

The petitioner, Md Mustafizur Rahman Laskar, a driver, seeks bail in connection with Gorchuk P.S. Case No. 36/2026. The case was registered following the interception of a vehicle on 16.02.2025, which was found to be carrying 58 plastic gunny sacs of vermis betel nuts. The petitioner, as the driver, could not produce valid documents, tax invoices, or relevant papers supporting the transportation of the betel nuts. The State's counsel noted that investigations into tax invoices and GST papers were ongoing, and the FSL report for the betel nuts was pending. The petitioner's counsel highlighted that the owner of the vehicle and the betel nuts had been granted interim pre-arrest bail, and the vehicle was released on zimma to its owner.

Held

The Court granted bail to the petitioner. The Court considered the submissions of both parties, particularly noting that the petitioner was the driver of the vehicle and that the owners of the betel nuts were different individuals. The Court found it fit to release the petitioner on bail, acknowledging his role as a driver and the fact that the owners had secured interim pre-arrest bail. The reasoning implies that while the transportation of goods without proper documentation is a concern, the petitioner's direct involvement in the ownership or the ultimate destination of the goods was not established to the same degree as potentially the owners. The ratio decidendi is that a driver, in the absence of direct evidence of their involvement in the illegal procurement or ownership of goods, and when the owners are pursuing legal remedies for their bail, may be entitled to bail, especially when the investigation into the GST and tax aspects is ongoing. The petitioner was directed to furnish a bail bond of Rs. 20,000/- with one local surety, appear before the Trial Court when called for, and not influence witnesses.

Key Issues

1. Whether the petitioner, as a driver, is entitled to bail given the lack of documentation for the transported goods under the relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023 (Sections 303(2)/61(2)/317(2)/318(4)) and potential GST implications. Petitioner's arguments: The petitioner, being merely a driver, should be released on bail. The owners of the betel nuts and the vehicle have already obtained interim pre-arrest bail, and the vehicle has been returned. This suggests a lesser role for the petitioner. Revenue/State's arguments: The petitioner, as the transporter, failed to produce any documents proving lawful transportation. The investigation into tax invoices and GST papers is still underway, indicating that the legality of the goods' movement is in question. The FSL report is also awaited, which might be crucial for the case.