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ROBIN PHUKAN
MD. RAJIBUL ISLAM S/O ABDUL MUTALEB – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
1. This revision petition, under Sections 401/397 of the Code of Criminal Procedure, is directed against the order dated 09.06.2022, passed by the learned Judicial Magistrate, Bokajan, Karbi-Anglong, Assam, in Khatkhati P.S. Case No. 27/2022, under section 379/411 IPC. It is to be noted here that vide impugned order, dated 09.06.2022, the learned Judicial Magistrate, Bokajan, Karbi-Anglong, Assam, has rejected the petition No. 105/2022, filed by the petitioner-Md. Rajibul Islam, seeking custody of 26 bags of betel nuts, seized by Police in connection with the aforementioned case.
2. The factual background, leading to filing of the present petition, is briefly stated as under:
Point of Law : Ownership of betel nuts could not be established by producing the GST Bills by the petitioner and also due to non receipt of report from Agriculture Department.
The court established that while Section 451 of the Cr.P.C. cannot be applied during the investigation, the court retains the discretion to invoke other provisions to prevent loss, particularly in ca....
Section 123 of Act, 1962 provides that where any goods included under Sub-section 2 of Section 123 are seized on basis of reasonable belief that same are smuggled goods, then burden of proving that t....
Powers are to be exercised by the concerned Magistrate. We hope and trust that the concerned Magistrate would take immediate action for seeing that powers under Section 451 Cr.P.C. are properly and p....
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