ORDER

04.01.2024 Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. K.K.

Parasar, learned Additional Public Prosecutor, Assam.

This application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Kabatulla Khan, impugning the order dated 22.11.2023, passed by the learned Judicial Magistrate First Class, Rangia, Kamrup in Baihata Chariali P.S. Case No. 347/2023, whereby, the prayer for Zimma of a vehicle seized in connection with the aforementioned case was rejected by the learned Judicial Magistrate First Class, Rangia, Kamrup on the ground that under Section 457 of the Code of Criminal Procedure, 1973, a criminal Court does not have jurisdiction to give the custody of seized property/article at this stage of investigation and those seized property are not produced before the Court.

Learned counsel for the petitioner has submitted that the vehicle bearing Registration No. WB-45-5858 (Ashok Leyland 3718BS-iv) owned by the present petitioner was seized in connection with the Baihata Chariali P.S. Case No. 347/2023 on 08.11.2023 and since the date of seizure it has been lying at the Baihata Chari