Jhantu Saha v. The State of Assam

ORDER Date : 13-03-2024

Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. PP for the State respondent. This is an application under Section 482 of Cr.PC, 1973 seeking quashing Page No.# 2/2 of the impugned Order dated 16.02.2024 passed by the learned Special Judge, NDPS, Karbi Anglong, Diphu in Dillai P.S. Case No. 07/2024 registered under Section 21 (b) of the NDPS Act, 1985 alongwith the application for zimma of the subject vehicle was rejected. I have heard the submissions made at the bar and have perused the materials available on record. It appears that by Order dated 16.02.2024, the Court of Special Judge, NDPS, Karbi Anglong rejected the prayer for zimma of the subject vehicle to the petitioner merely on the ground that the confiscation proceedings of the subject vehicle is pending. Thereafter, on 22.02.2024, the Court of Special Judge, Karbi Anglong rejected the prayer of the I.O for confiscating the subject vehicle. Thus, it is seen that the confiscation proceedings have already been disposed of. In that view, this Court is of the considered view that this criminal petition can be disposed of with a direction to the petitioner to approach the Court of Special Judge, NDPS, Karbi Anglong, Diphu with a fresh application and upon such application being filed, the Court of Special Judge, NDPS, Karbi Anglong, Diphu shall dispose of the same in accordance with law. Accordingly, this criminal petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010052102024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./275/2024 JHANTU SAHA S/O SAMIR SAHA, R/O 707 B LOKHRA ROAD, PAHARTOLI, NEAR DAS PETROL PUMP, BINOVANAGAR, DIST- KAMRUP (M), ASSAM, PIN CODE- 781028 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI