Dinesh Bhagat v. The State of Assam

Page No.# 1/2 GAHC010167802024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./319/2024 DINESH BHAGAT S/O LATE GHURAM BHAGAT, R/O VILL-HIJURI GAON, P.S. TINSUKIA, DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A W AMAN, SAMIM RAHMAN,MR S A BARBHUYAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

07.11.2024 Heard Mr. S. Nawaz, the learned counsel appearing for the petitioner. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Sections 438 and 442 read with Section 528 of the BNSS, 2023 challenging the order dated 09.07.2024 passed by the learned Special Judge, NDPS, Karbi Anglong in NDPS Case No.39/2024. Page No.# 2/2

¶3Police seized opium from a vehicle bearing Registration No.NL-01-AF-0882.

¶4The case has been charge sheeted. The petitioner's name does not appear in the said charge sheet and he is the actual registered owner of the vehicle. He filed an application before the trial court seeking custody of the seized vehicle.

¶5The seized drugs were found in some secret chambers created in the vehicle. Therefore, the learned trial court had opined that the vehicle must have been used for such illegal activity for a long time and therefore, the prayer for custody of the vehicle was rejected.

¶6Mr. Goswami has objected to this prayer for custody of the vehicle and submitted that scanned copy of the LCR is required to be called for.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8This Court is of the opinion that the view expressed by the trial court is erroneous in law. The court should consider each case separately. The trial court should not have taken the presumption that the vehicle might have been used for such offences on earlier occasions also. Therefore, the impugned order dated

09.07.2024 passed by the learned Special Judge, NDPS, Karbi Anglong in NDPS Case No.39/2024, is set aside.

¶9The Investigating Officer is directed to give custody of the vehicle bearing Registration No.NL-01-AF-0882 to its registered owner after proper verification of all the documents.

¶10The registered owner shall execute a bond of ₹50,000/- to that effect. With the aforesaid direction, the criminal revision petition is disposed of.

JUDGE Comparing Assistant