Abdul Hafiz Choudhury vs. The State Of Assam

Held

The Court held that the allegations in the FIR, supported by the case diary and statements under Section 164 Cr.P.C., prima facie indicated the petitioner's involvement in an illegal syndicate for the export and import of coal between India and Bangladesh. This included transporting coal in excess of truck capacity, sometimes without paying GST or using fake documents, and stocking coal without the required licenses. Evidence also suggested the use of fake registration number plates for trucks. The Court noted that the reports cited by the petitioner, dated May 25, 2021, and May 26, 2021, predated the FIR (May 31, 2021) and were general assessments, not directly relevant to the petitioner's specific case pending further investigation. Given that the investigation was ongoing and incomplete, the Court was of the opinion that granting bail at this stage would likely hamper the investigation. Consequently, the bail application was rejected, and the investigating officer was directed to expedite the investigation.

Facts

The petitioner, Abdul Hafiz Choudhury, proprietor of Jubo Parishad, Karimganj, sought bail in Karimganj P.S. Case No. 535/2021, under various sections of the IPC, including those related to forgery and cheating. The petitioner claimed to be legally engaged in the export and import of coal between India and Bangladesh and argued that his business was legal, citing reports from the Assistant Commissioner of State Tax and the Superintendent of Police, Karimganj, dated May 25, 2021, and May 26, 2021, respectively. The State opposed the bail application, alleging forgery of documents for illegal coal and limestone export/import, transporting materials in excess of GST paid quantities, and stocking coal without licenses, causing significant revenue loss. The FIR detailed allegations of seized coal trucks suspected of being illegally stocked or stolen, transported using forged documents, and the use of fake number plates. The investigation was stated to be in its preliminary stage.

Key Issues

1. Whether the petitioner's alleged involvement in the illegal export and import of coal, including allegations of forgery of documents, transportation of goods in excess of GST paid quantities, and stocking of coal without licenses, warrants denial of bail at the preliminary stage of investigation? (Section 439 Cr.P.C., read with relevant IPC sections and GST provisions). Petitioner's Arguments: The petitioner contended that his business of export and import of coal between India and Bangladesh was legal and supported by reports from the Assistant Commissioner of State Tax and the Superintendent of Police, Karimganj, dated May 25, 2021, and May 26, 2021, respectively. He argued that these documents clearly indicated the legality of his transactions and sought release on bail subject to conditions. Revenue/State's Arguments: The State argued that the basic allegations involved forgery of documents for illegal transportation of coal and limestone, export/import exceeding GST paid quantities, and stocking of coal without licenses, causing huge losses to the state. It was characterized as a "coal syndicate case" where the accused allegedly operated without paying GST or through fake GST/invoices. The State emphasized that the matter required in-depth investigation, which was still in its preliminary stage.