ORDER

13.12.2024 Heard Mr. B. D. Konwar, learned Senior Counsel assisted by Mr. H. Agarwal, learned counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor for the State respondent.

2. This application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 438 thereof, against the impugned Order dated 04.10.2024, passed by the learned Sub-Divisional Judicial Magistrate (M), Margherita, whereby the petitioner’s application for zimma/custody of the seized coal in connection with Lekhapani P.S. Case No. 35/2024 was rejected, and further observing that, vide Order dated 27.09.2024, zimma of the said seized coal was granted to the Directorate of Geology and Mining, Assam.

3. The Case diary has been received and I have perused the same.

4. It is submitted by Mr. Konwar, learned Senior Counsel, that the petitioner’s business involves processing coal into coke and distributing it across India. He had taken leased land for the coal depot with authorization from the landowner, Mr. Hetobi Sema. Additionally, the petitioner has registered his proprietorship concern with the GST department to conduct his business. The petit