KASHI PRASAD AGARWALLA Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
KASHI PRASAD AGARWALLA
STATE OF ASSAM
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T.C.Das, J. -
(1.)This application copy of the application is placed by the learned counsel for the petitioner for consideration. While arguing, Mr. S. Birmiwal, learned counsel for the petitioner has stated that as the original application including the affidavit which was filed in court has become untraceable in the office and as such, with the oral permission of the court, he has filed this duplicate copy of the petition on the same subject matter. He has also certified this fact on the body of the application. Mr. Y.K. Phukan, the learned Public Prosecutor, Assam has no objection as because the counsel for the petitioner has certified this fact.
(2.)This application is made for granting pre-arrest bail to the petitioner. The petitioner has stated in his application that he has reasonable apprehension for accusation of non-bailable offence relating to alleged violation of Assam Trade Articles (Licensing and Control) Order, 1982. His apprehension, as submitted by the learned counsel has been reinforced by the action and seizure of certain articles from his possession by the Inspector of Food and Civil Supplies, Gauhati as per seizure list enclosed as Annexure F with the petition. The learned counsel for the petitioner has submitted that for the apprehension of his arrest, he has approached this court with a prayer for such prearrest bail.
(3.)Mr. Y.K. Phukan, learned Public Prosecutor, Assam has opposed this bail application on the following grounds: 1. There is no case instructed either in the police office or in the Court against the petitioner and as such there cannot be any reasonable apprehension in the mind of the petitioner that he might be arrested in connection with any case. 2. That mere seizure of certain food stuff by the Inspector of Food and Civil Supply cannot be a matter for any apprehension in the mind of the petitioner to move this petition. 3. That the petitioner has not been able to show that he has reasonable belief that he might be arrested for non-bailable offence and that he might be so arrested on some allegation, which might create a reasonable apprehension in the mind of the petitioner to approach this court.
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