Barbie Baruah v. The State of Assam and Anr

ORDER Date : 17-08-2023

¶1Heard Mr. P. K. Sarma, learned counsel for the petitioner. Also Page No.# 2/4 heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

¶2The application of the petitioner praying for zimma of the seized mobile Samsung Tablet Galaxy TAB-S 7 (T875) bearing IMEI No. 356167111514375 in connection with Dillai Police Station Case No. 38/2023 under Section 379/411/414/34 IPC read with Section 53(1)(a)/63 of the Assam Excise Act 2000 was rejected by the learned Judicial Magistrate 1st Class, Bokajan, Karbi Anglong, Assam vide order dated 28.06.2023. The said order has been assailed in the present criminal petition.

¶3From the records, it is clear that the Investigating Officer is not in requirements of the seized materials in terms of the report dated 19.06.2023 (Annexure-C). However, in the meantime, during the pendency of this criminal petition, the Charge-Sheet has already been filed the charge-sheet in connection with aforesaid case and the seized materials have been deposited before the learned trial Court below.

¶4In view of the aforesaid report and the factual background, this Court is of the opinion that the no purpose shall be served keeping the custody of the seized materials during the course of the trial.

¶5In view of the above, it is directed that the learned trial Court i.e. Judicial Magistrate 1st Class, Bokajan, Karbi Anglong, Assam shall forthwith release and handover the zimma of the seized mobile Page No.# 3/4 Samsung Tablet Galaxy TAB-S 7 (T875) bearing IMEI No. 356167111514375 in connection with Dillai Police Station Case No. 38/2023 under Section 379/411/414/34 IPC read with Section 53(1)

(a)/63 of the Assam Excise Act 2000 to the registered owner, after getting a bond of Rs. 10,000/- (Ten thousand) executed from the petitioner for the said vehicle with conditions that: a) The petitioner/ registered owner of the mobile shall not change the colour and shall not change the structure of the mobile till disposal of the case. b) The petitioner/registered owner of the mobile shall produce the mobile before the learned trial Court below as and when called for the purpose of trial. c) The learned trial Court is further directed to take photographs of the seized mobile handset and keep it with the case record for further reference.

¶6The learned trial Court may add any other condition as it thinks fit at the time of giving zimma of mobile handset to the petitioner/registered owner.

¶7Accordingly, the impugned order dated 28.06.2023 passed by the learned Judicial Magistrate 1st Class, Bokajan, Karbi Anglong, Assam in connection with Dillai Police Station Case No. 38/2023 under Section 379/411/414/34 IPC read with Section 53(1)(a)/63 of the Assam Excise Act 2000 is set aside and quashed. Page No.# 4/4

¶8With the aforesaid observation and direction, this criminal petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010166812023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./774/2023 BARBIE BARUAH D/O DULAL BARUAH R/O HARI CHARAN DAS PATH, H. NO. 76, BISHNUNAGAR, LOKHRA, P.S. BASISTHA, GUWAHATI-34, KAMRUP VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SRI JITEN GOGOI ASSISTANT SUB INSPECTOR OF POLICE INFORMANT IC LAHORIJAN PP P.S. DILAI KARBI ANGLONG PIN NO. 78246 Advocate for the Petitioner : MR. P K SARMA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY