Akram Ali and Anr v. The State of Assam and 2 Ors

ORDER Date : 06.12.2024

Heard Mr. A. Ahmed as well as Mr. P.K. Roy Choudhury, learned counsel appearing for the petitioners in Criminal Petition No.1301/2023 and Criminal Petition No.176/2024. Also heard Mr. D. Das, learned Additional Public Prosecutor for the state of Assam.

¶2143 bags of betel nuts were seized from the house of one Jahirul Islam in connection with Chhaygaon P.S. Case No. 354/2023. During the pendency of investigation, the petitioner, Mehi Enterprises staked the claim that the seized betel nuts belonged to them.

¶3The learned court below directed the District Magistrate, Kamrup District to cause sale of the entire seized betel nuts. In a subsequent revision petition, the learned Sessions Judge, Kamrup, Amingaon had agreed with the decision of the trial court. When the petitioners approached this Court, this Court had stayed the order of the Chief Judicial Magistrate, Kamrup, Amingaon directing auction sale of the seized betel nuts.

¶4The learned counsels of both sides have agreed that the matter should be decided by the Chief Judicial Magistrate, Kamrup, Amingaon. This Court is of the opinion that the submissions made by the learned have force in it.

¶5Therefore, the matter is remanded to the court of the learned Chief Judicial Magistrate, Kamrup, Amingaon for deciding the matter relating to the prayer of custody.

¶6The learned Chief Judicial Magistrate, Kamrup, Amingaon shall procure a fresh police report before deciding the matter. With the aforesaid direction, both the criminal petitions are disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010278072023 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1301/2023o AKRAMoALIoANDoANRo S/OoAKKASoALIo R/OoKARAIBILLo P.S.oCHHAYGAONo DIST.oKAMRUP,oASSAM 2:oHAFIZURoRAHMAN oS/OoAKKASoALIo R/OoKARAIBILLo P.S.oCHHAYGAONo DIST.oKAMRUP oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoPP,oASSAM 2:THEoDISTRICToMAGISTRATE oKAMRUP oAMINGAON oASSAM 3:M/SoMEHIoENTERPRISES oREPRESENTEDoBYoITSoAUTHORIZEDoPERSONoBINODoRAUT oHAIVNGoITSoREGISTEREDoOFFICEoATo2NDoFLOORo2-C-5 oSHINEoTOWER oSARABHATIoCHARIALI oGUWAHATI-781008 oINoTHEoDISTRICToOFoKAMRUPo(M) oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. A AHMED, MR. S H ZAMAN,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, MD. A KHAN (R-3),MR. P K ROYCHOUDHURY (R- 3) Linked Case : Crl.Pet./176/2024 MEHI ENTERPRISES HAVING ITS REGISTERED OFFICE AT 2ND FLOOR 2-C-5 SHINE TOWER SARABHATI CHARALI GUWAHATI-781008 IN THE DISTRICT OF KAMRUP (M) ASSAM REPRESENTED BY AUTHORIZED PERSON NAMELY SHRI KAILASH MANDAL AGED ABOUT 51 YEARS S/O LATE RAMKHELAWAN MANDAL PERMANENT RESIDENT OF BEHTA KANHAULI DIST. DARBHANGA PIN-847239 BIHAR PRESENTLY RESIDING AT C/O MEHI ENTERPRISES 2ND FLOOR 2-C-5 SHINE TOWER SARABHATI CHARALI GUWAHATI-781008 DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE PP ASSAM 2:AKRAM ALI S/O AKKAS ALI R/O KARAIBILL P.S. CHAYGAON DIST. KAMRUP ASSAM 3:HAFIZUR RAHMAN S/O AKKAS ALI Page No.# 3/3 R/O KARAIBILL P.S. CHAYGAON DIST. KAMRUP ASSAM ------------ Advocate for : MR. P K ROYCHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA