Page No.# 1/3 GAHC010268392024 2025:GAU-AS:6164 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3313/2024 ALTAF ALI @ ALTAF HUSSAIN S/O MOHIBOR RAHMAN R/O VILL- MUKALUA PASCHIM SUPA, P.S. MUKALMUA DIST. NALBARI, ASSAM VERSUS STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, MS SURAYA RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 16-05-2025 Heard Mr. S. Nawaz, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Altaf Ali @ Altaf Hussain, son Page No.# 2/3 of Mohibor Rahman, resident of Village-Mukalmua, Pacshim Supa, Police Station- Mukalmua, District-Nalbari, has filed this application on 12.12.2024 under Section 482 BNSS, 2023 seeking pre-arrest bail in Mukalmua P.S. Case No. 328/2024 corresponding to G.R. No. 1034/2024 registered under Sections 303(2)/317(2)/317(4) BNS, 2023, read with Section 7 of the Essential Commodities Act, 1965 and Section 23(a) of the Petroleum Act, 1934. 3. Matter relates to recovery of (i) 10 Nos. of plastic barrels filled with suspected Diesel, each containing 230 litres approximately, total of 2300 litres approximately; (ii) 1 No. of GI barrel filled with suspected Diesel, containing 220 litres approximately; (iii) 7 Nos. of small plastic drums filled with suspected Diesel, each containing 50 litres approximately, total 350 litres; (iv) 3 Nos. of GI barrel filled with suspected Petrol, each containing 220 litres approximately, total 660 litres approximately; (v) 7 Nos. of GI barrel filled with suspected Kerosene, each containing 220 litres approximately, total 1540 litres, from the godown of the petitioner and one Ali Akbar, which were kept in their custody without having any Trade License and in violation of the Essential Commodities Act as well as the Petroleum Act. 4. By order dated 07.01.2025, after hearing the parties, the Court granted interim pre-arrest bail to the petitioner, named above in said Mukalmua P.S. Case No. 328/2024 corresponding to G.R. No. 1034/2024, fixing the matter on 04.02.2025. Thereafter, on 04.02.2025; 05.03.2025 and 02.05.2025 time was allowed to the concerned Investigating Officer of said Mukalmua Police Station to place the up-to- date case diary of said Mukalmua P.S. Case No. 328/2024, extending the interim bail granted to the petitioner earlier on 07.01.2025. 5. By order dated 02.05.2025 the matter was fixed today for production of the up- to-date case diary of said Mukalmua P.S. Case No. 328/2024. 6. When the matter was taken up today for consideration, Mr. Das, learned Addl. PP placed the relevant case diary that was forwarded by the concerned Investigating Page No.# 3/3 Officer of said Mukalmua P.S. Case No. 328/2024 vide communication dated 03.05.2025. 7. On perusal of the case diary of said Mukalmua P.S. Case No. 328/2024, it is seen that the said case diary is only up to 18.09.2024. 8. Considering the above, the Court is of the view that custodial interrogation of the petitioner, named above, is not warranted for investigation of said Mukalmua P.S. Case No. 328/2024. As such, this pre-arrest bail application of the petitioner is accepted. 9. Accordingly, the interim pre-arrest bail granted to the petitioner, namely, namely, Altaf Ali @ Altaf Hussain on 07.01.2025 in said Mukalmua P.S. Case No. 328/2024 corresponding to G.R. No. 1034/2024 registered under Sections 303(2)/317(2)/317(4) BNS, 2023, read with Section 7 of the Essential Commodities Act, 1965 and Section 23(a) of the Petroleum Act, 1934, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 07.01.2025. 10. This pre-arrest bail application accordingly stands disposed of. 11. Return the case diary herewith. JUDGE Comparing Assistant