Md. Fakrul Islam vs. The State Of Assam

Held

The Court granted bail to the petitioner, Md. Fakrul Islam. While acknowledging the prima facie incriminating material against the petitioner, the Court considered the length of detention in judicial custody and the substantial progress in the investigation concerning the petitioner's complicity. The Court was of the considered opinion that further continuation of the petitioner's detention was not warranted in the interest of the investigation. Consequently, the petitioner was released on bail upon furnishing a bail bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Karimganj. The bail was subject to conditions that the petitioner shall cooperate with the Investigating Officer, refrain from inducing or threatening witnesses, and not commit similar offences in the future. The Court did not expressly leave any issue undecided.

Facts

This is a second bail application filed by the petitioner, Md. Fakrul Islam, under Section 439 Cr.P.C. The petitioner has been in judicial custody for 73 days since May 30, 2021. The case involves allegations of illegal cross-border coal trade with Bangladesh, involving the use of forged documents, potentially stolen vehicles, and evasion of Goods and Services Tax (GST). The FIR details a modus operandi including sourcing coal from Meghalaya without loyalty or transit permits, misrepresenting the origin of coal within Assam, under-declaring quantities for GST payment, and stocking coal illegally before export using forged e-way bills and GST invoices. The petitioner claims to possess a valid Exporter-Importer Code (IEC code). The seized coal-laden trucks have reportedly been released to their owners. The petitioner's earlier bail application was rejected by the High Court on July 16, 2021.

Key Issues

1. Whether the petitioner, Md. Fakrul Islam, is entitled to be released on bail in connection with Karimganj P.S. Case No. 535/2021, considering the length of his detention and the progress of the investigation. Petitioner's Arguments: The petitioner's counsel argued that the petitioner has been in judicial custody for 73 days and possesses a valid Exporter-Importer Code (IEC code) issued by the DGFT. They contended that further detention may not be necessary given the length of custody and the progress of the investigation. Revenue/State's Arguments: The State's counsel submitted that the case diary reveals illegalities and irregularities committed by the petitioner in cross-border trade. They highlighted the allegations of using forged documents, potentially stolen vehicles, and evading GST by under-declaring coal quantities and illegal stocking. The seized vehicles with coal have been released.