JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. R. L. Chutia, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional P.P. for the State respondent.

2. In this petition, under Sections 397/401 read with Section 482 Cr.P.C. the petitioner has challenged the legality, propriety and correctness of the order, dated 28.07.2022, so passed by the learned Addl. Chief Judicial Magistrate, Golaghat, in connection with Dergaon P.S. Case No. 80/2022. It is to be noted here that vide impugned order, the learned Court below has dismissed the petition filed by the petitioner seeking custody of 24 Nos. of cattle, which were seized in connection with the aforementioned case.

3. The factual background, leading to filing of the present petition, is briefly stated as under:

“On 17.05.2022, S.I. Pranjal Prakash Chakravarty of Dergaon P.S. lodged one F.I.R. to the Officer-In-Charge, Dergaon P.S. to the effect that on that day, at about 06.00 P.M. acting on a tip of, they have apprehended one Truck, bearing Registration No. AS-01-LC-8797, at Amguri Tiniali and also found carrying 24 Nos. of cattle therein. And the driver of the vehicle namely - Md. Karimuddin and the helper of the vehicle na