Anjan Kumar Paul vs. The State Of Assam

Held

The Court made the interim order granting pre-arrest bail absolute. The Court noted that the petitioner had produced documents, including GST bills and other transactional records, to substantiate his betel nut business, and the prosecution had not refuted their authenticity. The petitioner had also appeared before the Investigating Officer as per the interim order, and the IO did not raise any objection to the bail prayer. The Court found that no complicity of the petitioner in carrying out illegal betel nut business was made out by the investigation. Therefore, considering the entirety of the matter, the anticipatory bail application was disposed of by making the interim order absolute. The operative direction was to make the interim order absolute and dispose of the application.

Facts

The petitioner, Anjan Kumar Paul, sought pre-arrest bail in connection with Jalukbari PS Case No. 1282/2019, registered under Sections 120(B)/465/466/468/471/420 IPC, read with Section 7(A) of the Prevention of Corruption Act. The FIR was lodged by a businessman alleging that the petitioner, along with officials of the Sales Tax Department and others, was involved in supplying betel nuts without proper documentation. The petitioner claimed to be a reputed businessman dealing in betel nuts with all requisite documents, including taxi invoices, GST bills, 3-Way Bills, receipts, and returns of daily purchases and sales. The prosecution did not refute the authenticity of these documents. The petitioner had appeared before the Investigating Officer (IO) as per an interim order.

Key Issues

1. Whether the petitioner's alleged involvement in supplying betel nuts without proper documents, as alleged in the FIR, warrants custodial interrogation or pre-arrest bail, considering the documents submitted by him. (Mixed question of law and fact, turning on Sections 120(B)/465/466/468/471/420 IPC and Section 7(A) of the Prevention of Corruption Act). Petitioner's Arguments: The petitioner contended that he is a reputable businessman dealing in betel nuts and possesses all requisite documents, including GST bills and other transactional records, to support his business activities. He argued that the prosecution had not refuted the authenticity of these documents and that his business has been operating since 2015. He also highlighted that he had cooperated with the investigation by appearing before the IO as per the interim order. Revenue/State's Arguments: The learned Additional Public Prosecutor submitted that although an investigation was carried out, no complicity of the present petitioner in carrying out illegal betel nut business was made out. The IO did not raise any objection against the bail prayer.