ORDER

28.02.2024 Heard Mr. S Munir, learned counsel for the petitioner. Also heard Mr. MP Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

2. This is an application under Section 482/401 of the Cr.P.C against the impugned order dated 06.11.2023 passed by the learned Special Judge, Karbi Anglong under Sections 451/457 Cr.P.C. in connection with Khatkhati P.S. Case No.105/2022 whereby the prayer of the petitioner for seeking zimma of the TATA Truck bearing registration No.MN019912 was rejected.

3. The prosecution case in brief is that a TATA Truck bearing registration No.MN019912 was seized in connection with Khatkhati P.S. Case No.105/2022 as large quantity of narcotic substances were recovered from the said vehicle. The present petitioner is the owner of the vehicle, in question. The petitioner had prayed before the learned Special Judge, Karbi Anglong Diphu praying to give zimma of the said vehicle on the ground that the vehicle was lying in the police station for about one year. The learned trial court after hearing the parties and considering the nature of offence rejected the prayer to give temporary zimma of the vehicle to the petitioner, who is the