Seized currency notes lose individual identity when deposited in Treasury; the court held that such funds must be returned to the claimant due to the inability to produce them for trial.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

Heard Mr.Y.S.Mannan, learned counsel for the petitioner. Also heard Mr. R.J.Baruah, learned Additional Public Prosecutor for the State.

2. This application has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside and quashing the impugned order dated 05.05.2025 passed by the learned Chief Judicial Magistrate, Kamrup(M), Guwahati seeking zimma of seized cash amount of Rs. 22,70,000/- (Rupees twenty two lakhs, seventy thousand) only in connection with P.R.C. Case No. 758/2024 pending before the Court of Additional CJM, Kamrup (M), Guwahati and Impugned order dated 05.05.2025 passed by the learned Chief Judicial Magistrate, Kamrup (M), Guwahati and thereby dismissing the zimma petition of the petitioner in connection with P.R.C. Case No. 758/2024 pending before the Court of Additional CJM, Kamrup (M), Guwahati.

3. The facts of the case may be briefly stated that on 14.07.2023, the respondent No. 2/informant lodged an FIR before the O/C Special Task Force by stating that, on 14.07.2023 based on information, at about 8:20 a.m. a police team from STF under the leadership of Inspector Vikram Basumatary carried out a search operation for the miscreants and during the time of search operation, one of the suspects detected travelling from the direction of Jorabat towards Guwahati in a blue colour Hyundai i20 car bearing Registration No. ML05-U/1216, so the target vehicle was tailed into Guwahati city in order to identify and apprehend the receiver of the suspected stolen gold. On tailing the target vehicle, it stopped and waited by the roadside at Lalganesh for few minutes when one person arrived alone on a Hero Honda Karizma motorcycle bearing Registration No. AS-01-AM-2546 and stopped beside the target vehicle. Both the suspects exchanged the suspected stolen gold and the payback amount, after which the motorcyclist sped away amidst the traffic. As such, the target vehicle was followed and was intercepted at Jalukbari and during search of the said vehicle 03 (three) packets containing huge amount of cash money, mostly in Rs. 500 denominations and one bundle of Rs.200 denominations wrapped in a newspaper, were recovered from inside the vehicle. So, the entire cash amount of Rs. 22 lakhs and 70 thousand and a Hyundai i20 car were seized in presence of the available witnesses. Thereafter, the suspect Sri Himangshu Paul, a native of Meghalaya led the informant to rented house of other suspect namely "G. Marwadi" @ Sri Krishan Kanwar Kadel in the locality of Arya Nagar, Natun Basti, near Sharab Bhatti, under Bharalumukh Police Station. Thereafter, one round and flat piece of gold metal weighing 585 grams was recovered and seized along with one gold melting machine and other instruments used for gold articles from him. Accordingly, after receiving of the written FIR, a case has been registered vide STF Police Station Case No. 07/2023 under Section 379/411 of Indian Penal Code and started investigation.

4. That the petitioner stated that he is a businessman by profession having Proprietorship of Trading in Gold and the name of the establishment of the petitioner is “Assam Bullion”. In this regard, the petitioner is having GST Registration Certificate, Trade licence and all other documents as required under law to carry out the business.

5. On completion of investigation, the I.O submitted the charge sheet. The short question for decision is whether there is any necessity for the cash amount seized for the purpose of the trial and if not whether the petitioner is entitled to the custody thereof.

6. It appears that the gold articles seized from the petitioner has already be