Page No.# 1/3 GAHC010233632024 2025:GAU-AS:6481 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2927/2024 SHAHIDUL ISLAM S/O LATE OMAR ALI, R/O NIZ BAGHBAR, P.S. BAGHBAR, DISTRICT BARPETA, PIN 781308 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA,MS S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22-05-2025 Heard Ms. T. Som, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent. 2. This application filed under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, praying for granting pre-arrest bail to the accused/petitioner in connection with Garchuk P.S. Case No. 345/2024 under Sections 281/132/303(2)/61(2)/317(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 read with Section 7 of Essential Commodities Act, 1955. 3. The Case Diary has been received and I have perused the same. 4. It is submitted by the learned counsel for the petitioner, Ms. Som, that the petitioner is the owner of the seized rice and had no involvement in any illegal activity. She further submitted that the petitioner had legally purchased 240 bags of rice (HSN-1006) from M/s Astha Rice Mill. She also submitted that the truck was legally transporting the aforesaid rice bags from Barpeta to Meghalaya as part of a lawful commercial transaction between Ershad Traders and Suman Enterprise. The detention of the truck and seizure of the rice bags was unwarranted, as the petitioner had handed over the challan to the truck driver. However, the police acted without any legal basis, as the petitioner possesses valid documents proving ownership and the lawful purchase of the rice. The petitioner, therefore, prays for the grant of interim pre-arrest bail and submits that he is ready to co-operate with the investigation, if the privilege of pre- arrest bail is granted. 5. I have considered the submissions at the bar with circumspection. I have considered the submissions that the petitioner has appeared before the Investigating Officer and has cooperated with the investigation. The petitioner has not violated any bail conditions. It is submitted on behalf of the petitioner that the seized articles have already been given in zimma. Page No.# 3/3 6. Considering all aspects, interim order dated 18.11.2024 is hereby made absolute under the same terms and conditions. 7. In terms of the above observation, this Anticipatory Bail application stands disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant