JUDGMENT :

1. Heard Mr. A. Chaudhury, learned counsel for the petitioner and Ms. S.H. Bora, learned Addl. P.P. for the State of Assam.

2. The petitioner has approached this Court aggrieved by the order dated 13.10.2022 passed by the Court of the learned Chief Judicial Magistrate, 1st Class, Cachar, Silchar whereby the learned Court rejected the petition No. 2264/2022, preferred by the petitioner seeking zimma/custody of vehicle bearing registration No. AS-01-GC-2434 (the vehicle for short), seized in connection with Silchar P.S. Case No. 2133/2022.

3. From the First Information Report (FIR) lodged in connection with Silchar P.S. Case No. 2133/2022 by the Incharge, Arunachal Outpost on 05.09.2022, pursuant to Arunachal Outpost G.D. Entry No. 48 dated 04.09.2022 it transpires that 80 bags of Burmese Supari were concealed in the boot space of the bus bearing registration No. AS-01-GC-2434, and the bus along with the Burmese Supari were seized in connection with this case. The petitioner Sri Hiran Ali has claimed to be the registered owner of the afore-mentioned bus. Two petitions were filed before the Court of the Chief Judicial Magistrate, Cachar at Silchar being petition No. 2264/2022 and 2265/2022 with prayer for custody of the vehicle along with 80 bags of Burmese Supari respectively. The petition No. 2264/2022 was filed on behalf of the present petitioner whereas the petition No. 2265/2022 was filed by another petitioner, namely, Mominul Islam Mazumdar for custody of the bags of Burmese Supari. Both the petitions were rejected by the learned Chief Judicial Magistrate vide a common order dated 13.10.2022. A report was to be obtained by the Additional P.P. from the IO regarding the vehicle and the Supari seized in connection with this case.

4. It is submitted on behalf of the petitioner that his livelihood depends on the bus. It is submitted on behalf of the petitioner that the driver and the handyman who were arrested in connection with Silchar P.S. Case No. 2133/2022 were forward to jail and vide order dated 07.09.2022 the bail petition of the driver and the handyman were rejected by the learned CJM observing that their bail will hamper the investigation. Vide the impugned order dated 13.10.2022, the learned CJM rejected the petition of prayer for zimma of the afore-mentioned vehicle observing that the release of the vehicle will prejudicially affect the investigation. The additional affidavit was filed on behalf of the petitioner placing on record that three petitions being petition Nos. 2246/2022, 2264/2022 and 2265/2022 had been filed before the learned CJM, Cachar. The orders passed in connection with those petitions have also been appended as Annexure-1 series.

5. The learned Addl. P.P. has submitted that the driver and the handyman were arrested in connection with this case as they have failed to produce valid documents relating to the transportation of the seized Burmese Supari. The learned CJM can decide the prayer for zimma of the vehicle on the basis of an appropriate petition lodged by the petitioner before the CJM.

6. The learned counsel for the petitioner has relied on the decision of the Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, reported in (2002) 10 SCC 283, wherein it has been observed that

“7. In our view, the powers under Section 451 Cr.P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely:-

1. Owner of the article would not suffer because of its remaining unused or by its misappropriation.

2. Court or the police would not be required to keep the article in safe custody;

3. If the proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and

4. This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be furth