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2023 Supreme(Gau) 863

MALASRI NANDI
Md. Kapil Uddin, S/o. Md. Rohim Uddin – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. F.K.R. Ahmed.
For the Respondent: Mr. P. Borthakur.

JUDGMENT :

1. The petitioner has filed an application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 against the order dated 19.10.2022 passed by the learned SDJM (M) Charaideo, Sonari in Zimma Petition No. 751/2022, whereby the petition filed by the petitioner seeking custody of the seized articles vide M.R. No. 109/2022 and M.R. No. 112/2022 has been rejected merely on the ground of objection raised by the Investigating Officer.

2. The case of the petitioner is that he is a businessman and running a Tea stall in the name and style of Spice Oven Tea Shop located at Thahekhu Village, Dimapur, Nagaland with valid trade license issued by Thahekhu Village Council, Dimapur, Nagaland.

3. The petitioner has also been working as business correspondent banking agent of a company namely DhanHind Utility Pvt. Ltd. which is a corporate Business Correspondent, Working with bank in the business of associated ATM, Domestic Money Transfer, Digital Payments, Banking Operation and other financial activities in accordance with guidelines issued by the Reserve Bank of India.

4. The petitioner has also been appointed as Business Correspondent/Agent of Yes Bank Ltd. thr

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