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RUMI KUMARI PHUKAN
MD. MAHBUB ALAM – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
Rumi Kumari Phukan, J.
1. By way of this petition under Section 482 of the Cr.P.C. the petitioner prays for quashing of the impugned order dated 24.12.2021 passed by the Sub-Divisional Judicial Magistrates Karimganj in Bazaricherra, pertaining to Bazaricherra P.S. Case No.214/2021, under Sections 418/411 of the IPC.
2. Heard Mr. H.R.A. Choudhury, the learned counsel for the petitioner. Also heard the submission of Mr. B. Sarma, the learned Addl. P.P., Assam, representing the State/respondent.
3. The Police officer of Kathaltali, Watch Post leading with O/C, Bazaricherra P.S. at the time of regular checking found 91 bags of suspected dried Areca betel nut on suspicion, to be Burmese betel nut from the house of the present petitioner Mahbub Alam. As his reply to the police was not satisfactory regarding the documents and possession of the articles, the aforesaid betel nuts were seized and on 08.11.2021, a case was registered against the petitioner as Bazaricherra Police Station Case No. 214/2021, under section 418/411 of the IPC. The petitioner herein filed a petition praying for zimma of the said seized article and the learned Court after obtaining a report from the I.O. pass
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.
The court established that while Section 451 of the Cr.P.C. cannot be applied during the investigation, the court retains the discretion to invoke other provisions to prevent loss, particularly in ca....
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....
The court permits the desealing of premises under specific conditions while investigation proceeds.
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