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SUSMITA PHUKAN KHAUND
Manoj Shrinath Maurya S/o Shrinath Maurya – Appellant
Versus
State of Assam Represented by the Public Prosecutor, Assam – Respondent
JUDGMENT :
1. Heard Mr. M.A. Sheikh, learned counsel appearing on behalf of the petitioner as well as Mr. R.R. Kaushik, learned Addl. P.P. appearing for the State of Assam.
2. The petitioner Sri Manoj Shrinath Maurya Das has filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C for short) challenging the order dated 24.02.2022 passed by the Additional Sessions Judge No. 3, Nagaon in Criminal Revision No. 14(N)/2021 & Criminal Revision No. 15(N)/2021, directing disposal of the seized areca nuts in connection with Nagaon P.S. Case No. 2078/2021, under Sections 353/307/379/411/420/34/120(B) IPC (GDE No. 27, dated 02.09.2021). FIR dated 03.09.2021 reflects that on a tipoff a GDE No. 27, dated 02.09.2021 was registered and the police party led by S.I. Udayak Basumatary set up a naka checking in front of Nonoi P.P. and at around 10.40 P.M., two vehicles approaching from the Hojai side were stopped, but the vehicles sped past and also tried to plow the naka checking area swarmed by the patrolling party. The police party however intercepted the vehicles and during search recovered 118 bags of Burmese supari loaded in truck bearing registration no. AS-25-AC-55
The main legal point established in the judgment is the applicability of Cr.P.C. 451 and 457 at different stages of investigation, enquiry, and trial, and the availability of an alternative remedy un....
The court emphasized that interference at the stage of issuance of show cause notice should be rare and not in a routine manner, and the availability of alternative remedy should be considered before....
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....
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