Haren Deka v. The State of Assam and Anr

ORDER Date : 01-02-2024 Heard Mr. N Anand, learned counsel for the petitioner Haren Deka. Page No.# 2/3

¶2The petitioner has filed this application under Section 482 of the Code of Criminal Procedure seeking quashing of the impugned order dated 06.11.2023 passed in Misc. Case No. 176/2023 arising out of Bharalumukh Police Station Case No. 318/2023 registered under Sections 21(b) of the NDPS Act.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondents No. 1 and 2.

¶4It is submitted that the petitioner is the registered owner of the vehicle bearing registration No. As-01-HC-3873 of Mahindra Maxximo Mini Van make. The vehicle was seized in connection with this case as the driver was allegedly transporting contraband suspected to be heroin weighing 97.80 grams. It is submitted that the driver was appointed by the petitioner only three days prior to the incident and the petitioner was not aware that the driver was capable to commit such offence.

¶5The learned Additional Public Prosecutor has submitted that the Investigating Officer has forwarded a report that the vehicle was not required for further investigation.

¶6Considering the submissions at the bar, it is directed that the vehicle is to be given in zimma to the registered owner of the vehicle, after proper verification of the documents to be submitted by the registered owner of the vehicle, on his execution a bond of Rs.7,00,000/- (Rupees Seven Lacs) under the conditions that:

(i) The petitioner shall not alienate the vehicle till conclusion of trial.

(ii) The petitioner shall produce the vehicle as and when required during investigation or during trial. In the above terms this Criminal Petition stands disposed of. Page No.# 3/3

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010267152023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1310/2023 HAREN DEKA S/O LATE DINA NATH DEKA R/O HOUSE NO. 26, BIKRAMPUR SANKAR NAGAR, KRISHNA NAGAR, JAPORIGOG, PIN-781005 DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MABARAK ALI AHMED (SI) INVESTIGATING OFFICER BHARALUMUKH P.S. GUWAHATI WEST DIVISION ASSA Advocate for the Petitioner : MR. N ANAND Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND