Moin Uddin v. The State of Assam and Anr

ORDER Date : 17-11-2023

¶1Heard Mr. M.A. Sheikh, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. P.P., Assam for respondent State. Page No.# 2/3

¶2The petitioner has filed an application u/s 401 Cr.PC read with Section 397 of the Cr.PC, challenging the order of legality and propriety of the order dated 29.05.2023 filed by the learned Sub-Divisional Judicial Magistrate (Sadar), Cachar, Silchar in Petition No. 516/2023 arising out of Kalain P.S. Case No. 94/2023 whereby the zimma prayer of the petitioner was rejected.

¶3The impugned order is reproduced herein below verbatim:- Sl.No. Date Order Signature

29.05.2023 Report received as called for. Upon such perusal of the I.O.'s report along with copy of the report Food Analyst, it is found that the seized areca nut is not suitable for use for human consumption. Tag the report with the case record. Petitioner's advocate is absent. Heard Ld. APP. Considering the report, the zimma prayer is the petition no. 516/23 is rejected and disposed of. Send back the case record.

¶4It is submitted on behalf of the petitioner that the petitioner is the owner of the areca nuts.

¶5The learned Addl. P.P. has submitted that report has been received from the IO which reveals that the seized areca nuts are not fit for human consumption. The petitioner has prayed for zimma of the seized areca nuts.

¶6I have considered the submissions at the Bar with circumspection.

¶7The impugned order was passed on 29.05.2023. By now the goods may have perished and may not be fit for human consumption, but there are other uses of the areca nuts. The Page No.# 3/3 areca nuts can be used for industrial purposes also.

¶8As per SOP In Clause-15, for disposal of the seized betel nuts issued by the Addl. Director General of Police CID, Assam, after verification by the SP, the seized areca nuts can be used as raw materials for manufacturing other products and the same is not required not be used for human consumption.

¶9Thereby, the impugned order dated 29.05.2023 relating only to rejection of the prayer of zimma of the seized areca nuts to the custody of the petitioner is set aside. The petitioner is at liberty to submit a petition before the jurisdictional Court with prayer for zimma of the seized areca nuts with an undertaking that the seized areca nuts will not be used for human consumption and the learned Magistrate may pass an order directing the SP to consider the zimma of the seized areca nuts as per SOP for disposal of seized betel nuts (supari) vide No. CID-XI/SOP/Betel Nut/2021/3571) dated 16.09.2021. Matter is closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010215902023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./458/2023 MOIN UDDIN S/O MAKARAM ALI, R/O VILL.-DEWAKURI, P.O.-LALARCHAK, P.S. AND DIST.-KARIMGANJ, ASSAM, PIN-7883713. VERSUS THE STATE OF ASSAM AND ANR. REP. BY PP, ASSAM. 2:SUB-INSPECTOR GUMRAH P.I.C. P.O.-GUMRAH DIST.-KARIMGANJ ASSAM PIN-788815 Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND