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2024 Supreme(Online)(GAU) 7754
HIGH COURT OF GAUHATI
MR. JUSTICE KALYAN RAI SURANA, J
MAHIDUL ISLAM – Appellant
Versus
THE STATE OF ASSAM – Respondent
Crl.Rev.P. / 272 / 2024
MR F HAQUE, MR A ISLAM, MR. S K M ALOMGIR
The court allows the petitioner to file a fresh application for the release of a seized vehicle as it is no longer required for investigation, emphasizing unbiased consideration of the new application.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(c) and 29 - Criminal Procedure Code, 1973 - Sections 397/401 and 482 - Seizure of vehicle involved in drug case - Petitioner sought release of vehicle seized in connection with a narcotics case - Previous order denying custody is challenged - Court noted that confiscation proceedings have not been initiated and vehicle is not required for investigation. (Paras 2, 3, 5, 7)
(B) Custody of seized property - The court allows the petitioner to file a fresh application for zimma of the vehicle, emphasizing that the new application should be considered without bias from prior decisions. (Paras 7, 8)
Facts of the case:
The vehicle was seized during an investigation into narcotic offenses, and the petitioner, claiming ownership, sought its release after a previous rejection of custody.
Findings of Court:
The court does not find grounds to overturn the earlier order but allows a fresh application for custody based on police instructions.
Issues: The primary issues were the ownership of the vehicle and the necessity of the vehicle for ongoing investigations.
Ratio Decidendi: The court held that as the vehicle is no longer required for investigation, the petitioner may seek its release through a new application, ensuring no bias from previous orders.
Result: Criminal petition stands closed.
ORDER
Date : 13-09-2024
1. Heard Mr. F. Haque, learned counsel for the petitioner as well as Mr. R.J. Barua, learned Addl. PP for the State.
2. In connection with seizure of narcotic drug and psychotropic substance from the vehicle of the petitioner bearing Registration No. AS-01DT-8861 at Douatbazar, Hatigaon at Guwahati, the said vehicle was seized in connection with a case registered as Hatigaon P.S. Case No. 30 of 2024.
3. The petitioner moved the Court of learned Additional District Judge No. 5, Kamrup (M), Guwahati with a prayer for releasing the said vehicle to the custody of the petitioner. The petitioner claims to be the owner of the said vehicle. The ownership of the petitioner in respect of the said vehicle is also indicated in para 5(b) of the order dated 12.06.2024 passed by the learned Additional District Judge No. 5, Kamrup (M), Guwahati. However, vide the said order dated 12.06.2024, the prayer for custody was rejected. The said order is assailed in the criminal petition filed under Sections 397/401 read with Section 482 Cr.PC.
4. By order dated 23.07.2024, the learned Addl. PP was asked to obtain instructions as to whether any confiscation proceeding has been initiated in respect of the seized vehicle.
5. Accordingly, the learned Addl. PP has produced the copy of the written instruction dated 13.09.2024 issued by one Kuladip Mazumdar, SI(P), Hatigaon P.S., East Police District, City: Guwahati. The contents of the said instruction are quoted below:-
“To, The Addl. Public Prosecutor Gauhati High Court, Guwahati Date-13/09/2024
Submitted for favour of your kind perusal and oblige.
Yours faithfully Hatigaon P.S.
East Police District City: Guwahati”
6. Heard the learned counsel for both sides.
7. The Court is disinclined to record any adverse finding against the order dated 12.06.2024, which is impugned in this criminal petition. However, owing to specific instruction by the concerned police station that the said vehicle is no longer required for investigation, the Court is inclined to grant liberty to the petitioner to move a fresh application for zimma in respect of the vehicle bearing Registration No. AS-01DT-8861 before the concerned Court of learned Additional District Judge No. 5, Kamrup (M), Guwahati.
8. It is ordered that in the event the petitioner approaches the said learned Court by filing a fresh petition for zimma, the learned Additional District Judge No. 5, Kamrup (M), Guwahati or any other Court where the matter is taken up, would pass appropriate order thereon, without being influenced by the order dated 12.06.2024, passed by the learned Additional District Judge No. 5, Kamrup (M), Guwahati in Misc.(J) Case No. 65 of 2024.
9. The written instruction produced, is retained on record.
10. With the above observation, this criminal petition stands closed.
