Sanjib Dutta v. The State of Assam

ORDER Date : 13-12-2024

Heard Mr. T. Kalita, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

¶2This is application under Section 438 read with Section 442 of the BNSS, 2023 challenging the Order dated 06.07.2024 passed by the learned Sessions Page No.# 2/2 Judge, Karbi Anglong in Borpathar Police Station Case no. 19/2024.

¶3One Wagon R bearing registration no. AS-31/F-2466 was seized for carrying narcotic drugs. Police registered the case as Borpathar Police Station Case no. 19/2024. The petitioner being the registered owner, filed an application before the Court below seeking custody of the said vehicle. The Court held that being the registered owner, the petitioner will be required for the purpose of investigation and for that matter, the prayer for custody was rejected.

¶4I have considered the submissions made by the learned counsel for both sides.

¶5This Court is of the opinion that under the given circumstances of the case, the prayer of the petitioner deserves to be allowed. By keeping the vehicle in custody of police will not serve any purpose in the investigation. Therefore, the Officer In-Charge of Borpathar Police Station shall give custody of the vehicle bearing registration no. AS-31/F-2466 which was seized in respect of Borpathar Police Station Case no. 19/2024 to its registered owner on taking a bond of Rs. 50,000/-. The officer In-Charge, shall verify the documents to be supplied by the registered owner. With the aforesaid direction, the criminal revision petition is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010184432024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./348/2024 SANJIB DUTTA S/O LATE SAMBHUNATH DUTTA, R/O VILL- NEAR BLOCK OFFICE, RAMPUR, AMTALA, HOJAI, POLICE STATION- HOJAI, DIST. NAGAON, ASSAM, PIN-782435 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR T KALITA, MISS C S MARAK,J DASGUPTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA