Bharat Ch. Barman v. State of Assam and 3 Ors

ORDER Date : 08.05.2024

Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. B. Das, learned counsel for the petitioner. Also heard Ms. S. Boruah, learned Government Advocate for the State respondent. By this writ petition, the petitioner is challenging the illegal and wrongful seizure of the trucks belonging to the petitioner by the officials of Gauripur P.S. and Chapar P.S. under Dhubri District. By an interim order dated 11.09.2020, it was provided that in the event any of the trucks of the petitioner carrying Tobaco or tobaco leaves is intercepted by the Assam police at NH-31 in the district of Dhubri, the concerned police while issuing seizure memo, shall clearly indicate that for what particular reason the said vehicle has been detained and the goods have been seized and shall also clearly indicate the document, which are found lacking along with goods carrying. It is further provided in the aforesaid order that in the event there is no deficiency in the document carried by the truck engaged the petitioner's Transport company, the movement of the goods in nature of tobaco leaves in the vehicle engaged by the petitioner should not be interfered with without the due process of law. Today, when the matter has been called, it is submitted at the bar that the subject truck seized by the police, which were the subject matter of the instant Page No.# 3/3 writ petition has already been released. Thus, nothing survives for adjudication in the writ petition. In view of the aforesaid endorsement made by the learned counsels for the parties, this Court is of the considered view that this writ petition can be disposed of with the direction that the vehicle engaged by the petitioner should not be interfared with without following due process of law. Accordingly, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010117902020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3512/2020o BHARAToCH.oBARMANo S/O-oANILoCH.oBARMAN,oVILL-oBAROSHOULMARI,oP.O.oSUBHACHANIRo PATH,oP.S.oDINHATA,oDIST.-oCOOCHBEHAR,oPIN-o736135,oWESToBENGAL VERSUSo STATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHOMEoANDo POLITICALoDEPTT.,oDISPUR,oGHY-06 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAMoPOLICEoHEADoQUARTER oULUBARI oGHY-7 3:THEoINVESTIGATINGoOFFICER oINoGAURIPURoP.S.oCASEoNO.o280/2020o(G.R.oCASEoNO.o1077/2020) oGAURIPURoP.S. oPIN-o783331 oDHUBRI oASSAM 4:THEoINVESTIGATINGoOFFICER oINoCHAPARoP.S.oCASEoNO.o190/2020o(G.R.oCASEoNO.o616/2020) oCHAPARoP.S. oPIN-o783371 oDHUBRI oASSAo AdvocateoforotheoPetitionerooooo:oMR.oJYOTIRMOYoROYo AdvocateoforotheoRespondento:oGA,oASSAMoo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI