Ziabur Rahman @ Md Jiabur Rahman v. The State of Assam and Anr

Page No.# 1/3 GAHC010194252023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./926/2023 ZIABUR RAHMAN @ MD JIABUR RAHMAN S/O MD. HAZRAT ALI R/O SIALMARI PADUMPUKHURI P.S KASUA DIST. NAGAO ASSAM VERSUS THE STATE OF ASSAM AND ANR REP .BY THE PP, ASSAM 2:S.I (P) DEBOJIT SAIKIA MIKIRBHETA P.S. DIST. MORIGAON ASSA Advocate for the Petitioner : MR. A AHMED Advocate for the Respondent : PP, ASSAM

- B e f o r

e - Hon'ble Mr. Justice arun dev choudhury

10.10.2023

¶1Heard learned counsel for the parties.

¶2The present application is filed under section 482/401 Cr.P.C read with Article 227 of the Constitution of India assailing the order dated 11.08.2023 passed by the learned JMFC, Morigaon whereby the Page No.# 2/3 learned trial court rejected the zimma prayer for the vehicle (Maruti Swift Car) bearing registration No.AS 01 DV5189 which was seized from the possession of the wife of the petitioner in connection with Mikirbheta PS case No. 90/2023 under Section 120(B)/406/420/468 IPC read with Section 66(C) and 66(D) of the IT Act.

¶3The present petitioner filed an application before the learned court below for zimma of the vehicle and during the aforesaid proceeding, the learned court below by its order dated 11.08.2023 rejected the petition filed by the petitioner on the ground that same is required for further investigation of the case.

¶4On perusal of the record it reveals that the petitioner is the registered owner of the aforesaid vehicle. The vehicle is with the custody of the police 01.05.2023.

¶5The Hon'ble Apex court in the case of Sunder Bhai Ambala Desai Vs. State of Gujrat reported in (2002) 10 SCC 283 while dealing with the power of a magistrate under section 451 and 457 Cr.P.C., regarding disposal of seized material has laid down the following proposition of law:- I. That the application for zimma of seized material shall be dealt expeditiously and judiciously with the object that the owner of the seized article should not suffer for it being remaining unused or by its misappropriation, II. The hon'ble apex court at paragraph 17 observed that whatever the situation be, it is of no use to keep the materials more particularly seized vehicles at police station for a long period.

¶6In view of the aforesaid settled propositions of law, this court, Page No.# 3/3 in the given facts of the present case is of the view that the seized vehicle be released to the registered owner subject to the following conditions: I. The investigating authority shall prepare proper panchnama of the vehicle and take photographs of such vehicle and get the signature of the owner or representative of the owner and the owner shall give a bond of Rs.10,00,000/-. II. The petitioner/owner shall not change the colour or structure of the vehicle and shall not also dispose of the vehicle till disposal of the case. III. The petitioner/owner shall produce the vehicle before the I/O or concerned authority as and when called for the purpose of investigation or trial.

¶7With the aforesaid the present petition stands allowed. JUDGE Comparing Assistant