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Meghalaya High Court Refuses Bail To Director Of Coke Plant Allegedly Involved In Illegal Mining

Basit Amin Makhdoomi

22 July 2023 3:30 AM GMT

    • Meghalaya High Court Refuses Bail To Director Of Coke Plant Allegedly Involved In Illegal Mining

    The Meghalaya High Court on Thursday refused bail to the Director of a coke plant allegedly involved in illegal mining activities in West Khasi Hills District.A single bench of Justice W. Diengdoh observed that given the gravity of the alleged offence, Investigating Officer should be given ample opportunity to complete his investigation.As to the reliance placed by accused on Sunil Bharti...

    The Meghalaya High Court on Thursday refused bail to the Director of a coke plant allegedly involved in illegal mining activities in West Khasi Hills District.

    A single bench of Justice W. Diengdoh observed that given the gravity of the alleged offence, Investigating Officer should be given ample opportunity to complete his investigation.

    As to the reliance placed by accused on Sunil Bharti Mittal v. CBI where Supreme Court held that an individual who perpetrated the commission of an offence on behalf of a company can be made accused, along with the company if there is sufficient evidence of his active role coupled with a criminal intent, Court said,
    "At this point of time, only prima facie evidence is required to allow the I/O to take necessary steps, even to the point of arrest of the alleged offender and as such, it would be a matter of evidence at the trial to prove this aspect of the matter."
    The order comes at a time when another bench of the High Court is seized with a batch of PILs to arrest illegal coal mining activities in Meghalaya and has been persistent upon State authorities to act against the alleged kingpins.

    Accused was arrested last month in a FIR lodged under Section 188/34 IPC read with Section 3(1)/21(1) MMDR Act read with Section 15 Environment (Protection) Act, Section 3 of the Explosive Substances Act and Section 53(1) of the Benami Transaction (Prohibition) Act, 2016, after the IO was satisfied that accused has not fulfilled the conditions of notice under Section 41-A CrPC. 

    Accused argued that he had cooperated with the Investigating Officer when summoned under Section 41A and in any case, he is entitled to bail since all offences alleged against him are bailable. Moreover, accused had filed a cross FIR against certain individuals involved in the coke plant's operation.

    State counsel opposed the bail plea citing seriousness of offences and chance of evidence tampering.

    At the outset, the Court pointed that the offence under Section 3 of the Explosive Substances Act, 1908 is punishable with life sentence or rigorous imprisonment not less than 10 years. Hence, the bench said not all offences alleged against accused are bailable.

    Court also said it is too early in the day to come to any conclusion that there are cross cases related to the same subject matter involving the accused. "It would however depend on the investigation by the I/O to come to any findings or conclusion on this aspect but to say that such assertion is a ground for grant of bail cannot be fathom by this Court."

    Accordingly, the Court dismissed the bail application.

    Case Title: Shri. Pawan Bhama Vs. State of Meghalaya & Anr.

    Citation: 2023 LiveLaw (Meg) 27

    Click Here To Read/Download Order


    Tags
    Justice W. DiengdohIllegal Coal Mining
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