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2024 Supreme(Gau) 269

MITALI THAKURIA
Abhijit Saikai – Appellant
Versus
State of Assam Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. N. Saikia
For the Respondent: Mr. P. Borthakur, Addl.PP

JUDGMENT :

Heard Ms. N. Saikia, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the Assam.

2. This is an application under Section 397 Cr.P.C read with Section 401 and 482 of Cr.P.C, 1973 for setting aside the orders passed by the learned Court below rejecting the prayer of the petitioners for Zimma of Vehicle, two mobile phones and removal of seal of cold storage.

3. The case of the petitioner in brief is that the petitioner is a Practicing Advocate by profession and he is also managing the Eden Cold Storage on the honorary basis which is located at N.H Khanapara. On 29.11.2023 a vehicle (refrigerated van) having registration No. AS01EC8381 was preceded with packaged buffalo meat from a factory located at Kishanganj, Bihar to Eden Cold Storage Guwahati. The factory of the petitioner is having valid license of FSSAI from Govt. of India. The said vehicle was intercepted by the police at Srirampur gate and after checking 4/5 packets of meat and necessary papers of carrying goods etc were seized by police and the petitioner was also illegally detained on 09.12.2023. Thereafter, the petitioner also applied for Zimma vehic

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