JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Mr. A.M. Bora, learned Senior counsel assisted by Mr. V.A. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the state/respondent.

2. This is an application under Section 482 read with 451 and 457 of the Cr.P.C. for giving custody of the seized areca nuts which were seized by the Government Railway Police at Guwahati Railway station on 17.02.2024 on the basis of an FIR which was registered on 18.02.2024 as G.R.P.S Case No. 53/2024 under Sections 120(B)/379/411/410/413/420/ 468/471 of the IPC.

3. The case of the prosecution is that the jurisdictional ASI, G.R.P.S. lodged an FIR alleging inter-alia that on 17.02.2024 at around 6.15 p.m. upon receipt of secret information from reliable sources, searched the luggage break No. 225869/C (front side) of train No. 12504 DN, SMVT Bengaluru Humsafar Express on its arrival at the Guwahati Railway Station.

4. It is the further case of the prosecution that during search, 347 numbers of gunny bag were unloaded from the aforesaid luggage break weighing about 65 kgs. per bag totalling to 22,555 Kgs.

5. It is the further case of the prosecution that