JUDGMENT :

MITALI THAKURIA, J.

1. Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State/respondent.

2. This is an application under Sections 397/401 of the Code of Criminal Procedure for setting aside and quashing the impugned order dated 13.10.2022, passed by the learned Chief Judicial Magistrate, Cachar, Silchar, whereby, the learned Court below rejected the prayer of the petitioner for Zimma of 85 bags of Betel nuts seized in connection with Silchar P.S. Case No. 2133/2022.

3. It is stated that the petitioner purchased the Betel nuts from the village of Banskandi area in the District of Cachar and collected 85 bags of Betel nuts in order to transport the same to Howly town in the District of Barpeta, Assam. The petitioner paid necessary E-Way bills on different dates, for which, GST of total 85 bags of local Betel nuts have been paid using the respective addresses of the proprietors with their consent. In order to transportation of Betel nuts, the petitioner contacted with one Jakir Hussain Laskar, who is a truck driver, and handed over the possession of the Betel nuts to him on 04.09.2022, at about 9.00 a.m. But, on the same day, at about 10.00 p.m. the petitioner was informed about the seizure of Betel nuts and he came to know that the police of Arunachal outpost suspected the Betel nuts as Burmese Supari. The Arunachal outpost, accordingly, made a G.D. Entry No. 48, dated 04.09.2022, and also arrested the truck driver-Jakir Huaain Laskar and another driver, namely, Khairul Islam Laskar, of Night Super bus, bearing Registration No. AS-01-GC-2434, by whom the Betel nuts were carried through the Night Super. Subsequently, on 05.09.2022, the case was registered as Silchar P.S. Case No. 2133/2022, under Sections 120B/416/418/420/379/413 of the Indian Penal Code. Accordingly, the 80 bags of Suparis, suspected to be Burmese Suparis, were also seized by the police preparing Seizure List.

4. It is further stated that the petitioner, being the owner of 85 bags of Betel nuts, preferred a Zimma Petition, along with relevant documents, before the learned Chief Judicial Magistrate, Cachar, Silchar, seeking Zimma of the seized Betel nuts. However, the learned Court below, on being objected by the Investigating Officer, rejected the prayer of the petitioner and directed the Investigating Officer to protect the seized articles allowing the petitioner to do the needful for maintenance etc. The learned Chief Judicial Magistrate, Cachar, Silchar, rejected the prayer for the Zimma merely on the objection raised by the Investigating Officer that the report of Food Safety and Agriculture Department are yet to be received. But, till date, no such process has been initiated by the Investigating Officer for obtaining the certificate from the concerned department. Further, though the learned Court below directed the petitioner to maintain the Betel nuts with the assistance of the Investigating Officer, yet it is not possible to maintain the seized goods which are kept in a small place and as a result of which, the Betel nuts have started affecting with moisture. The learned Court below failed to consider that the petitioner paid E-Way bills for transportation of Betel nuts on various dates and rejected the prayer for Zimma without applying judicial mind and hence, the present revision petition has been filed by the petitioner seeking Zimma of the seized 80 bags of the areca nuts/Betel nuts and further prayed to send the sample of areca nuts/Betel nuts, seized from the petitioner, to any other Central Forensic Science Laboratory and to dispose the Zimma petition in accordance with law.

5. Mr. S. Banik, learned counsel for the petitioner, has submitted that the order passed by the learned Court below is not a legal order as the learned Court below rejected the petition for Zimma due to non-receipt of food safety report from the Agriculture Department and also considering the ini