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.

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

Sub: Submission of Report

Ref: Hatigaon PS Case No. 30/24 U/S 21(c)/29 NDPS Act.

Sir,

With reference to the subject cited above, I have the honor to report that in connection with the aforementioned case, a Maruti Suzuki WagonR bearing registration number AS01DT8861 has been seized vide MR No. 28/24. The confiscation proceedings for the said vehicle have not yet been initiated, and it is no longer required for further investigation.

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.