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2026 DAILYLAW 6780 (GAU)

INDRAJIT DAS v. THE STATE OF ASSAM

AB/994/2026 · 2026-05-28

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010091892026 2026:GAU-AS:7471 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/994/2026 INDRAJIT DAS S/O LATE SUDHIR DAS, R/O SARUPATHAR, PS JAMUNAMUKH, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 29.05.2026 Heard Mr. S. Nawaz, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Jamunamukh P.S. Case No.12/2026. 3. On 24.04.2026, police received information that some people were illegally unloading petroleum products (diesel/petrol) in a shop located at Sarupathar. Police Page No.# 2/2 immediately arrived there and saw that petroleum products were unloaded in a shop from a vehicle bearing Registration No. AS-01-JC-2491. The owner of the shop Indrajit Das was present there and witnessing the presence of police, he ran away. Police arrested the driver fo the said truck. 4. Mr. Nawaz has submitted that the shop belonged to a person called Anup Das and the present petitioner Indrajit Das is his cousin. According to Mr. Nawaz, the petitioner Indrajit Das was present at that time but he has nothing to do with the shop or unloading of petroleum products in that shop. 5. Mr. Borthakur submits that Anup Das might be the owner of the shop. But the business of petroleum products in that shop was run by the present petitioner. The submission of Mr. Borthakur is based on the contents of the case diary. 6. I have considered the submissions made by the learned counsels of both sides. 7. The driver of the truck Rajesh Singh has stated before the police that on earlier occasions also, he used to unload some amount of petroleum products in the shop of the present petitioner Indrajit Das. 8. Dealing with petroleum products without a licence, is a very dangerous business. It is dangerous to the people at large of the locality. I am of the considered opinion that in order to find out the actual truth, custodial interrogation of the petitioner is necessary. Therefore, this court is of the opinion that the petitioner is not entitled to pre-arrest bail as prayed for. His bail application is rejected and disposed of accordingly. Case Diary shall be returned. JUDGE Comparing Assistant