KULJINDER SINGH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) All above bail applications and anticipatory bail applications are taken up together for the purpose of disposal as it relates to same CID P.S. Case No. 06/2018 under Section 120B/379/420/468/471 IPC added Section 119 IPC read with Section 13 (2) of the Prevention of Corruption Act, read with Section 25/40/41 of Assam Forest Regulation Act.

(2.) Prosecution case is that on 18.02.2018, an FIR was lodged by one Inspector CID P.S., Assam before the Officer-in-Charge, CID P.S. Ulubari, Guwahati, Assam stating inter alia that on the basis of a couple of representations received in CID from some organisations alleging rampant illegal activities centring around extraction and transportation of Coal and an enquiry was also conducted to that effect. After conducting the enquiry by the informant with a team of Officers of CID, it was come to light that illegal activities are continuing in various aspects of coal business like illegal extraction of coal from forest and non-forest areas, illegal transportation of coal without valid documents, over loading of trucks in violation of law, willful evasion of taxes due to the Government by manipulation/forgery of records/documents etc. and the said illegal activities are being carried out in various parts of Assam including Margherita, Tinsukia, Karbi Angling, Jogighopa, Guwahati etc. The said illegal activities have been carrying since last several years by some unscrupulous traders in connivance with certain Govt. Officials, Police Officials, politicians etc. Accordingly, the CID has received and registered a case vide CID P.S. Case No. 06/2018 under Section 120(B)/379/420/468/471 IPC read with Section 13 (2) of the PC Act., read with Section 24/40/41 of Assam Forest Regulation Act.

(3.) In the present case three sets of persons have been arrested and or implicated such as under the District Transport Office there are Assistant Enforcement Inspector, Inspector and Checkers and their duty relates to check the overload and the documents. Under the Tax Department duty of the Superintendent of Tax relates to assessment of GST whether duly paid.