Rupam Phukan v. The State of Assam and Anr

ORDER Date : 17.02.2023

Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned APP appearing for the respondents.

¶2It may be mentioned that the respondent no.2 is the Inspector of CID, who has initiated the complaint against the petitioner. Therefore, the said authority can be represented by the learned APP.

¶3The learned counsel for the petitioner has submitted that although as many as 9 articles were seized in connection with search and seizure made on 08.11.2022, which includes laptops, pendrives, debit card and bank pass books, the petitioner is highly aggrieved with the freezing of his savings bank account bearing number 31243282539 of State Bank of India, Bazar Branch, Mangaldai in the name of the petitioner, Rupam Phukan. It is submitted that salary and allowances of the petitioner is credited in the said account. It is also submitted that the prayer for zimma was made before the learned trial Court, i.e. the Court of learned Special Judge, Assam, but the prayer for zimma was rejected by order dated 04.01.2023. Accordingly, aggrieved by the said order, the present petition has been filed under section 482 Cr.P.C., assailing the said order dated 04.01.2023, passed by learned Special Judge, Assam in connection with CID P.S. Case No. 20/2022. Page No.# 3/4

¶4Heard the learned APP in the matter.

¶5In the present case, in the zimma petition bearing petition no.50/2023, filed on 04.01.2023 (Annexure-E), the petitioner has made a statement in paragraph-8 thereof that after the petitioner was arrested

07.11.2022, his bank accounts were seized and frozen by the CID police, as such, the petitioner is suffering from irreparable loss since he is unable to meet the expenses of his family. However, it is noted that in the prayer of the said application, the petitioner has prayed for giving custody of zimma of the seized articles.

¶6In the considered opinion of the Court, even if the prayer made in the said zimma petition no.50/2023 is allowed, it will merely entitle the petitioner to the copy of the original bank pass books and merely having custody of the bank pass book will not make the petitioner entitle to make any transaction in the said account, which has been frozen by the I/O.

¶7Under such circumstances, the Court is of the considered opinion that even if the impugned order is interfered with, it would give no practical relief or benefit to the petitioner.

¶8Accordingly, the Court is of the considered opinion that in view of the nature of prayer made by the learned counsel for the petitioner, instead of keeping the matter pending, it would be appropriate to close this criminal petition by giving liberty to the petitioner to move the Court of learned Special Judge, Assam with an appropriate application for de-freezing his concerned savings bank account. It is provided that in the event such application is filed, Page No.# 4/4 the learned Special Judge, Assam shall consider the same in accordance with law.

¶9With the aforesaid observation, this criminal petition stands closed.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010033502023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./151/2023 RUPAM PHUKAN S/O SRI SACHINDRA NATH PHUKAN R/O HOUSE NO. 1-A, BY-LANE NO. 2, SUNDARPUR JAPORIGOG, GUWAHATI P.O. JAPORIGOG, P.S. DISPUR, DIST. KAMRUP (M), ASSAM PIN-781005 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:ARIFUL HAQUE INSPECTOR CRIME INVESTIGATION DEPARTMENT POLICE STATION ULUBARI GUWAHATI DIST. KAMRUP (M) ASSAM PIN-78100 Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : PP, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA