Lukman Hussain @ Lokman Hussain vs. The State Of Assam

Held

The Court rejected the bail application of the petitioner, Lukman Hussain. The Court found, after a meticulous scrutiny of the case diary and statements recorded under Section 164 Cr.P.C., that prima facie, the accused was involved in export/import business of coal with Bangladesh using forged documents. The allegations included transporting coal in excess of truck capacity, not paying GST, using forged e-way bills, and even stealing coal from banned stocks in violation of the National Green Tribunal's orders. The Court reasoned that granting bail at this preliminary stage of investigation was likely to hamper the entire investigation. Therefore, the bail application was rejected. The investigating officer was directed to expedite the investigation, considering the petitioner had been in judicial custody. No specific issues were expressly left undecided.

Facts

The petitioner, Lukman Hussain, sought bail in connection with Karimganj P.S. Case No. 535/2021, involving charges under various sections of the Indian Penal Code, including forgery and illegal transportation. The prosecution alleged that the petitioner was involved in an export-import coal syndicate between India and Bangladesh, using forged documents, transporting coal in excess of GST paid quantities, stocking coal without licenses, and potentially using stolen vehicles and coal from banned stocks. The petitioner argued he conducted legitimate export-import trade and had already undergone police interrogation. The petitioner had been in judicial custody since June 2, 2021. The FIR detailed the seizure of 11 coal-laden trucks suspected of illegal origin and transportation using forged documents.

Key Issues

1. Whether the petitioner is entitled to bail in connection with Karimganj P.S. Case No. 535/2021, considering the allegations of forgery, illegal transportation of coal, and evasion of GST and other taxes? Petitioner's Arguments: The petitioner, through his counsel, argued that he has been engaged in export and import trade with Bangladesh for a long time, complying with all rules and regulations. He also submitted that he had undergone two days of police interrogation and further detention was not necessary for the investigation. Revenue/State's Arguments: The State opposed the bail application, contending that the core allegation involves forgery of documents for illegal cross-border coal and limestone trade. They highlighted the transportation of materials in excess of GST paid quantities, stocking of coal without licenses causing significant loss to the state exchequer, and the operation of a coal syndicate involved in illegal export and import through fake GST invoices. The State emphasized that the investigation was in its preliminary stage and required in-depth inquiry.