Dulal Uddin v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010034522024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./63/2024o DULALoUDDINo S/OoLATEoNURoMAHAMMADo R/OoVILL-oDHUPGURIo(GAONoPUB)o P.S.oBATADROBAo DIST.oNAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:BIPULoCHANDRAoDEKAo(ASI) oJORABAToOUTPOSToUNDERoBASISTHA o POLICEoSTATION oP.O.oJORABAT o PIN-781023 oINoTHEoDISTRICToOFoKAMRUPo(M) oASSAo AdvocateoforotheoPetitionerooooo:oMR.oMoAoSHEIKHo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Dateo:oo13-03-2024 Page No.# 2/3 Heard Mr. MA Sheikh, learned counsel for the petitioner as well as Mr. BB Gogoi, learned APP for the State.

¶2This is an application under section 401 Cr.P.C., 1973 for setting aside the impugned order dated 13.02.2024 passed by the learned SDJM-1, Kamrup, Guwahati in Basistha PS case no.59/2024 whereby the learned SDJM rejected the prayer for zimma of the cattle.

¶3The learned counsel for the petitioner has submitted that the petitioner is the owner of the cattle who purchased the said cattle from Rajmai Weekly Cattle Market, Sivasagar. After seizure of the cattle, 42 days have been passed by and nobody claimed ownership of the said cattle. Under such backdrop, as the petitioner is the owner of the cattle, he is entitled to take zimma of the said cattle.

¶4As per the seizure list, eight nos. of cattle were seized in connection with Basistha PS case no.59/2024. It is reported by the IO that seized cattle were subsequently handed over to Surabhi Gaushala, Kaniha, Kamrup (Rural) for proper care and observation.

¶5The learned APP further submits that the seized cattle be handed over Page No.# 3/3 to the actual owner after proper verification.

¶6In view of the submissions made by the learned counsel for the parties, the revision petition is disposed of with a direction to the petitioner to approach before the learned trial Court regarding Zimma of the cattle by filing appropriate application. On such filing of application, trial Court after verifying the documents regarding ownership of the cattle, will pass the order in accordance with law. JUDGE Comparing Assistant