Aminul Ali v. The State of Assam and Anr

ORDER

05.02.2024 Heard Mr R Ali, learned counsel for the petitioner, Aminul Ali. Page No.# 2/3

¶2The petitioner has filed this application under Sections 397/401, read with Section 384 of the CrPC, challenging the legality and propriety of the impugned order dated

30.10.2023, passed by the learned CJM, Biswanath, in Biswanath Chariali PS Case No. 38/2023, registered under Sections 420/379/411/34 IPC, rejecting the prayer of zimma of the seized vehicle bearing Registration No. AS-01-GC-7994.

¶3Heard Ms A Begum, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted by the learned Additional Public Prosecutor that a report has been received from the Investigating Officer, who has submitted his objection relating to zimma of the vehicle as the vehicle is required for further investigation of this case.

¶5Per contra, the learned counsel for the petitioner has submitted that the vehicle has been lying in the Police Station since the month of March, 2023. The vehicle is getting damaged as it is lying in the open. The main accused, the driver and handyman, who were found carrying 24 head of cattle in the vehicle, have already been granted bail in connection with this case.

¶6Considering the report submitted by the Investigating Officer, this petition is disposed of with a direction to the petitioner to appear before the concerned I.O. alongwith all necessary relevant documents regarding ownership of the vehicle bearing Registration No. AS-01-GC-7994 and if the Investigating Officer is satisfied with the documents to be produced by the petitioner regarding ownership, the vehicle be released to the petitioner.

¶7Let the report of the IO, be kept as a part of record of this case. Page No.# 3/3

¶8The Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010263612023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./502/2023 AMINUL ALI S/O KABIL UDDIN SHEIKH R/O VILL- NO. 94 DUURIA PT. III P.O. ANDP.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM PIN-783384 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:KRISHNAPRIYA KATAKI WSI OF BISWANATH CHARIALI POLICE STATION P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN-78417 Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND