Lumta Tisso v. The State of Assam

ORDER Date : 25.09.2024

Heard Mr. M. Barman, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3

¶2This is an application under Section 397/401 r/w Section 482 Cr.P.C. against the orders dated 01.02.2024 and 19.07.2024 passed by the learned JMFC, West Karbi Anglong in connection with Baithalangso P.S. Case No. 69/2023 registered under Section 380 IPC r/w Section 13(1) of Assam Cattle Preservation Act, 2021, whereby the learned Magistrate allowed the zimma of seized vehicle bearing Regd. No. AS-01-FC-8539 (TATA Yodhya pickup vehicle) subject to furnishing of bank guarantee equivalent to market value of the vehicle to the satisfaction of the court.

¶3The learned counsel for the petitioner submits that the petitioner relies on the income from the seized vehicle for their livelihood. The condition imposed by the learned trial court requiring the petitioner to furnish a bank guarantee equivalent to the market value of the aforesaid vehicle, imposes further hardship, as the petitioner has already taken the vehicle on loan, making it infeasible to provide such guarantees. It is further submitted that once the case has been charge-sheeted, it no longer falls under the purview of Section 11(5) of the Assam Cattle Preservation Act, 2021. Therefore, he has filed this petition releasing the vehicle by executing bond equivalent to the market value of vehicle instead of bank guarantee.

¶4The learned Additional Public Prosecutor submits that the prayer of the petitioner may be considered.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the relevant documents.

¶6In view of the above, the learned trial court is directed to release the vehicle bearing Regd. No. AS-01-FC-8539 (TATA Yodhya pickup vehicle) by executing a bond of amount equivalent to market value to the said vehicle.

¶7In view of the above, the orders dated 01.02.2024 and 19.07.2024 are Page No.# 3/3 hereby set aside.

¶8Accordingly, the criminal revision petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010197502024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./376/2024 LUMTA TISSO S/O SARTHE TISSO R/O BORKOK, VILL- CHINTHONG TERON GAON, VTC- BAIHALANGSO, P.O. AND P.S. BAITHALANGSO, SUB DISTRICT- DONKA, VTC- HAMREN, P.O. AND P.S. HAMREN, DIST. KARBI ANGLONG, ASSAM, PIN CODE- 782450 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M BARMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI