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MITALI THAKURIA
Muminul Islam Mazumder S/o Asraful Islam Mazumder – Appellant
Versus
State of Assam – Respondent
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
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.
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