IMPORTANT POINT
Ownership determination of seized property must await trial completion, and zimma petitions cannot be granted without conclusive evidence of ownership.

JUDGMENT :

Susmita Phukan Khaund, J.

1. Heard N.K. Murry, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the respondent/State.

2. The petitioner, Mr. Rokongulie, has filed this application under Section 482 of the Code of Criminal Procedure, 1973, (CrPC, for short), read with Article 227 of the Constitution of India.

3. It is submitted on behalf of the petitioner that he is the owner of the vehicle of Toyota Innova make, bearing Registration No. 124 CD 4 (Old)/NL07 CC-1321 (New), Engine No. 2KD9773818 (Old)/73818 (New), Chassis No. MBJ11JV4007064265-1106, seized in connection with Khatkhati PS Case No. 231/2021, under Section 379 of the Indian Penal Code, 1860 (IPC, for short), read with Section 53 (1) (a) of the Assam Excise Act (GR Case No. 632/2021).

4. It is submitted that charge sheet has already been submitted on 30.03.2022 and the case is registered as PRC Case No. 200/2022, pending in the Court of learned Judicial Magistrate First Class, Bokajan, Karbi Anglong, Assam (JMFC, for short).

5. The petitioner filed a Zimma Petition No. 2797/2023, along with supporting documents to establish his right. Vide impugned order dated 10.10.2023, passed by the learned JMFC, Bokajan, this zimma petition was rejected by the Court. The petitioner then preferred a criminal revision petition before the learned Sessions Judge, Karbi Anglong, but the same was also dismissed vide impugned order dated 22.02.2024, passed by the learned Additional Sessions Judge, Karbi Anglong, Diphu. The petitioner has prayed to quash the impugned order dated 10.10.2023, passed by the learned JMFC, in PRC Case No. 200/2022, corresponding to GR Case No. 632/2021, as well as the impugned order dated 22.02.2024, passed by the learned Additional Sessions Judge, Karbi Anglong, Diphu, in Criminal Revision Petition No. 22/2023.

6. It is submitted by the petitioner that he is the rightful owner of the seized Toyota Innova Vehicle bearing Registration No. 124CD4 and the photocopy of the Registration Certificate dated 21.03.2023 is marked as Annexure-A of the petition. He purchased the vehicle from Mrs. Taramattee Sabrina Chitram, the First Secretary of the High Commission of the Cooperative Republic of Guyana in New Delhi. When the vehicle was put up for auction, he paid a consideration of Rs. 1,50,000/- and the vehicle was handed over to him on 10.11.2021, after completion of all the documentations.

7. It is further submitted that on 11.11.2021, the petitioner booked a trailer truck from the transporting agency, namely, Rattan Road Carriers, for transporting the vehicle from New Delshi to Dimapur, Nagaland and the same was received by the petitioner, at Dimapur, on 27.11.2021.

8. It is further submitted that on 29.11.2021, the petitioner approached the concerned DTO for change of ownership of the vehicle into his name, but it was informed to him that the office of the DTO was not functioning due to the COVID-19 pandemic and office works would resume in the first week of January, 2022. The other reason of the office being closed was that the Hornbill Festival was also in the pipeline. The Hornbill Festival is held in Kohima from 1st of December to 10th of December every year. This prevented the petitioner from transferring the vehicle to his name.

9. Meanwhile, on 18.12.2021, one person, namely, Ohad Ali of Dimapur requested the petitioner to provide his vehicle. The petitioner being a friend of Ohad Ali, allowed him to use the aforementioned vehicle on good faith, but unfortunately, while Ohad Ali was returning from Khatkhati towards Nagaland, he was stopped by the Police. As soon as the vehicle was stopped, Ohad Ali fled the scene and then the vehicle was seized by the Police with allegations that the vehicle is a stolen vehicle.

10. It is submitted on behalf of the petitioner that the petitioner was not at all aware that Ohad Ali was transporting liquor through his vehicle. The liquor was being transported by Ohad Ali w