Page No.# 1/4 GAHC010045042025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/536/2025 SHAHIDULLA LASKAR @ SAHIDUL ALOM AND ANR. S/O NAMOR ALI LASKAR VILL- JAMIRA PART-III,P.S. KATLICHERRA, P.O.JAMIRA, DIST. HAILAKANDI, ASSAM 2: NOOR ALOM LASKAR @ NOOR ALOM S/O ANAM UDDIN LASKAR VILL- JAMIRA PART-III P.S.KATLICHERRA P.O. JAMIRA DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS A BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 25/03/2025 Heard Ms. A Begum, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. Apprehending their arrest, the petitioners, namely, (i) Shahidulla Laskar @ Sahidul Alom, son of Namor Ali Laskar and (ii) Noor Alom Laskar @ Noor Alom, son of Anam Uddin Laskar, both resident of Village-Jamira Part-III, P.S. Katlicherra, P.O. Jamira, District-Hailakandi, have filed this application on 28.02.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail in Badarpur Police Station Case No. 291/2024 registered under Sections 61/318(3)/318(4)/303(2)/317(2)/111 of BNS, 2023 read with Sections 53(1)(A)/54 of the Assam Excise Act, 2018 corresponding to G.R. No. 2131/2024. 3. As per the FIR dated 03.12.2024 lodged before the Officer-in-Charge of Badarpur Police Station, the case is that on receipt of information regarding illegal transportation of IMFL through Assam towards Mizoram, a search team was formed and a naka checking was arranged near Central Public School at NH No. 37, Srigouri. During such Naka checking, one truck bearing registration No. AS-26-AC-0228 was intercepted and the driver of the said vehicle, Jahirul Islam was apprehended. During search operation, 105 nos. of cartoon of Royal Stag IMFL was recovered from the said truck that was for sell at Meghalaya only. Those IMFL were smuggled from Meghalaya towards Mizoram via Karimganj, Assam and by the said truck those were unlawfully transported without any valid tax being paid, causing huge loss to the exchequer by means of fraud and cheating by the accused persons of the case. 4. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 5. Case diary indicates that the driver of the said vehicle procured those IMFL that was for sell in the State of Meghalaya only from one SRS Wine Plaza and the driver of the vehicle arrested in the case indicated that those were purchased at the instance of the present two petitioners. 6. Case diary contains incriminating materials against the petitioners and their nexus with the arrested accused of the case as well as one Nayan Jyoti Kalita, Manager of said SRS Wine Plaza. Page No.# 3/4 7. It is seen that police have already seized those illegal IMFL which is available for sell in the State of Meghalaya as well as the concerned truck by which those were carried to Mizoram which however was apprehended at Srigouri under Badarpur Police Station, Assam. It is also seen that said Nayan Jyoti Kalita, one of the accused in said Badarpur P.S. Case No. 291/2024 was already granted pre-arrest bail by a Co-ordinate Bench of this Court on 12.02.2025 in AB No. 145/2025, the accused, who supplied 105 nos. of cartoon of IMFL which were for sale in the State of Meghalaya to the arrested accused of the case that were carried by the said truck bearing registration No. AS-26-AC- 0228. 8. Considering the materials available in the case diary, the Court is of the view that custodial detention of the petitioners, named above, are not warranted to investigate the said Badarpur P.S. Case No. 291/2024. As such, this pre-arrest bail application of the petitioners is accepted. 9. Accordingly, in the event of arrest of the petitioners, namely, (i) Shahidulla Laskar @ Sahidul Alom, son of Namor Ali Laskar, and (ii) Noor Alom Laskar @ Noor Alom, son of Anam Uddin Laskar, in said Badarpur P.S. Case No. 291/2024 registered under Sections 61/318(3)/318(4)/303(2)/317(2)/111 of BNS, 2023 read with Sections 53(1)(A)/54 of the Assam Excise Act, 2018 corresponding to G.R. No. 2131/2024, they shall be released on bail on furnishing a bail bond of Rs.30,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the arresting authority, subject to the conditions that the petitioners – (i) shall appear before the concerned Investigating Officer of Badarpur P.S. Case No. 291/2024 on or before 28.03.2025 and thereafter, as and when they are required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of said Badarpur Police Station, without obtaining prior written permission from the concerned I/O of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (v) shall not involve themselves in any criminal activities in future. Page No.# 4/4 10. Violation of any of the aforesaid terms and conditions by either of the petitioners, (i) Shahidulla Laskar @ Sahidul Alom and (ii) Noor Alom Laskar @ Noor Alom, the pre-arrest bail granted to them in said Badarpur P.S. Case No. 291/2024 shall stand automatically vacated. 11. Accordingly, this pre-arrest bail application stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant