JUDGMENT :

1. Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the State.

2. The present application under Section 397 and 401 of the Code of Criminal Procedure, 1973 is filed assailing an order dated 27.03.2024 passed by the learned SDJM-II, Kamrup (M), Guwahati in connection with Basistha P.S. Case No. 131/2024, under Section 120(B)/379/429 IPC read with Section 13(1)/16 of the Assam Cattle Preservation Act, 2021.

3. By the impugned order dated 27.03.2024, the learned Magistrate had refused to grant zimma of the seized cattle to the petitioner on the ground that the seized cattle may be necessary for further investigation.

4. Mr. Dutta, learned counsel for the petitioner submits that the seized cattle were duly purchased from the registered cattle market and the petitioner had already produced the receipt of purchase before the I.O., and that being the position, the learned Magistrate could not have rejected the zimma of the cattle.

5. Per contra, Mr. K. K. Parashar learned Additional Public Prosecutor referring to the provision of Section 11 of the Assam Cattle Preservation Act, 2021 (hereinafter r