JUDGMENT :

Robin Phukan, J.

Heard Mr. P.N. Goswami, learned Addl. Advocate General, Assam, being assisted by Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the petitioners. Also heard Mrs. S.B. Choudhury, learned counsel appearing for the respondent.

2. In this petition under Sec. 482 of the CrPC, the petitioner i.e. the State of Assam, represented by the Commissioner and Secretary, Govt. of Assam, Home and Political Department and Sri Mayank Kumar, Superintendent of Railway Police, Pandu, Assam has challenged the legality, propriety and correctness of the judgment and order dtd. 23/5/2022, passed by the learned Sessions Judge, Hailakandi in Crl. Revision No.38/2022. It is to be noted here that vide the impugned judgment and order dtd. 23/5/2022, the learned Sessions Judge, Hailakandi has set aside the order dtd. 6/5/2022, passed by the learned CJM, Hailakandi, in Badarpur GRPS Case No.33/2022, under Ss. 120(B)/420/471/413/34 IPC and directed to release 530 bags of seized betel nuts (areca nuts), in favour of the revisionist, on executing a bond of Rs.1, 20, 75, 000.00 (Rupees one crore twenty lac seventy five thousand) only.

3. The factual background leading to filing of the present petition is briefly stated as under :

"On 13/4/2022, acting on a tip off that Mizo betel nut traders, in connivance with the Railway official, illegally loaded Burmese betel nut from Bairabi Railway Station in two wagons of Bairabi-Silchar local train and the train is about to reach Jamira Railway Station, the Officer-in-Charge, Ramnathpur P.S. has recorded a G.D. Entry No.302 dt. 13/4/2022, and rushed to the Bairabi Railway Station and intercepted the train and on checking, he found huge quantities of areca nuts in two wagons, suspected to be of foreign origin, and the documents furnished for transportation of the aforesaid areca nuts are found to be fabricated and manipulated. The said information was communicated to the superior officers and as per instruction, the Wagon No.10828 and 094913 of train No.05568 (up) Bairabi-Silchar train were detached from the main train, after submitting a memo to the Station Master, Jamira Railway Station and 530 bags of areca nuts were seized preparing seizure list. Accordingly, on the basis of an FIR lodged by S.I. Nabajyoti Lahan, the Officer-in-Charge, Ramnathpur P.S. registered a case being Badarpur GRPS Case No.33/2022, under Ss. 120(B)/420/471/13/34 IPC."

4. Thereafter notice under Sec. 91 CrPC was issued to the Station Master, Bairabi and on being produced by him, several documents were seized on 16/4/2022 and after checking of the aforesaid documents, it was found that the seized areca nuts were loaded by the respondent, namely, Lalhruaizela in the name of a farm namely, Lalhruaizela Timber. Thereafter several notices were issued under Sec. 41(A)/91 CrPC to the respondent through the Officer-in-Charge of Bairabi P.S., Mizoram on 18/4/2022 and 26/4/2022 to produce all documents related to seized areca nuts for examination. But, the respondent neither appeared nor produced any documents for examination and did not cooperate with the investigation. Thereafter on 19/4/2022, the I.O. has written a letter to the Superintendent of Taxes, Hailakandi requesting him to furnish a report regarding genuineness of seized documents under Sec. 91 of the CrPC and by the letter dtd. 20/4/2022, request was also made to the District Agricultural Officer, Hailakandi to ascertain whether the seized areca nuts were of local or foreign origin and the approximate market value of the same and on 21/4/2022, the I.O. has written another letter to the Food Analyst, Govt. of Assam to examine whether the seized areca nuts were fit for human consumption and whether the same are subject to speedy natural decay, and thereafter, the District Agricultural Officer, Hailakandi, vide his letter dtd. 22/4/2022, informed that as per physical inspection done by the District Level Expert Committee, the sample of areca nuts seems to be not o