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2025 DAILYLAW 10424 (GAU)

AMINUR RAHMAN v. THE STATE OF ASSAM

AB/814/2025 · 2025-06-03

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010072982025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/814/2025 AMINUR RAHMAN S/O- LATE DILBOR ALI R/O VILL-GERAMARI PART-IV, P.O. ALOMGANJ,P.S. GAURIPUR DIST. DHUBRI, ASSAM, PIN- 783339 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 04.06.2025 Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. K. K. Porasor, learned Additional Public Prosecutor, Assam. This application has been filed under Section 482 of the BNSS, 2023 by the petitioner, namely, Aminur Rahman, praying for anticipatory bail in connection with Gorchuk P.S. Case No. 75/2025. Police stopped a truck carrying rice. Police suspected that the rice carried in the said truck was meant to be distributed through Public Distribution System. The documents shown by the driver showed that 240 bags of rice were transported on behalf of M/s Afrin Store. The driver of the said truck, namely, Rabibul Sheikh has stated before Police that he agreed to transport the rice bags on the request made by his uncle Majibur Rahman. The driver did not have any knowledge as to whether the rice bags he carried in his truck were meant for Public Distribution System. It is submitted that the petitioner is the owner of M/s Afrin Store dealing with grocery items including rice and after paying necessary GST the rice bags aforesaid was carried in the said truck to his shop. From the Case Dairy it is seen that the Police has not yet been successfully proved that the rice bags were meant for distribution through Public Distribution System. Police is still trying to prove the fact. Considering the aforesaid facts, this court is of the opinion that since Police has not yet been able to prove that the rice bags that were seized by them were meant to be distributed through Public Distribution System, therefore, the bail application of the petitioner is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Aminur Rahman, in connection with Gorchuk P.S. Case No. 75/2025,the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the Page No.# 3/3 arresting authority. The petitioner is directed to appear before the Investigating Officer within 10 (ten) days from today. The bail application is disposed of. Case diary shall be returned. JUDGE Comparing Assistant