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2024 Supreme(Online)(GAU) 13893

HIGH COURT OF GAUHATI
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
GAUTAM ROY – Appellant
Versus
THE STATE OF ASSAM – Respondent


ORDER

Date : 13-12-2024 Heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

2. This is an application under Section 482 of the BNSS, 2023 read with Article

227 of the Constitution of India praying for setting aside the Order dated 29.01.2024 passed by the learned Sessions Judge, Cachar, Silchar in Criminal Revision Case no. 183/2023.

3. Two persons were arrested by police in Silchar Police Station Case no. 753/2023 which was registered under Sections 120(B)/420/294(A), Indian Penal Code read with some sections of the Assam Game and Betting Act, 1970. During investigation, the arrested persons disclosed before police that the present petitioner was also involved in the said incident. Accordingly, police raided the house of the petitioner and recovered a cash amount of Rs. 39,00,620/- from the possession of the petitioner.

4. The petitioner submits that he is no way associated with the aforesaid offence of game and betting. Therefore, he filed an application before the Court of Chief Judicial Magistrate, Cachar, Silchar seeking custody of the said amou

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