SAGAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.P. Borah, learned counsel for the petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent, State of Assam.

(2.) By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Sri Sagar Das has approached this Court seeking pre-arrest bail, apprehending his arrest in connection with Moranhat Police Station Case no. 95/2019 (corresponding G.R. Case no. 699/2019) registered for offences under Sections 120B/379/420/34, Indian Penal Code (IPC) read with Section 53(1)(a), Assam Excise (Amendment) Act, 2018 after rejection of his earlier bail application, A.B. No. 3293/2019 by order dated 20.03.2020.

(3.) From a perusal of the First Information Report (FIR), lodged on 12.09.2019, it has emerged that on receipt of telephonic information from the Superintendent of Police, Charideo as regards carrying of unaccounted Indian Made Foreign Liquor (IMFL) in 1,000 cartons in a truck bearing registration no. AS-02/AC-1593 from Arunachal Pradesh to unknown destination, the said truck was intercepted near Jhollong Petrol Pump on National Highway No. 37 under Moranhat Police Station. On being interrogated, the driver of the truck could not produce valid papers as regards the IMFL in 1,000 cartons loaded in the truck and in presence of excise officials, the truck and the consignment were seized suspecting that the consignment was transported illegally, as stock of IMFL was made for sale only in Arunachal Pradesh. The driver of the truck, Md. Manzoor was arrested. Based on his information, the present accused-petitioner along with others are suspected to be involved in transportation of the consignment loaded in the said truck.