ORDER

Date : 26-05-2022 Heard Mr. S. C. Biswas, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional P.P. for the State respondents.

This revision petition is directed against the order, dated 31.08.2021, passed by the learned Chief Judicial Magistrate, Bongaigaon, in Bongaigaon P.S. Case No. 460/2021, under Sections 120(B)/413/420/468/471 IPC, whereby, the learned Court below has dismissed the petition No. 450/2021, filed by the petitioner for seeking Zimma of 51 bags of betel nuts which were seized by police here in this case, on the grounds that as per analysis report of the sample of the betel nuts (dry areca nuts), found not conforming to the prescribed standards according to food safety and standard regulation and thus unfit for human consumption.

Mr. S. C. Biswas, learned counsel for the petitioner, submits that the petitioner here in, Md. Amir Hussain Bania is willing to get the sample of betel nuts examined in the Central FSL and that he will prefer an application before the learned Court below to that effect and that this revision petition may be disposed of by directing the learned Chief Judicial Magistrate, Bongaigaon to send sample of betel nut to the Central FSL, and thereafter to deal with the prayer of custody of the seized betel nuts afresh and to set aside the impugned order.

Mr. D. Das, learned Additional P.P. also conceded to the submission so advanced by the learned counsel for the petitioner and submits that the petitioner has every right to get the sample analyzed at Central FSL.

Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and also the impugned order, dated

31.08.2021, passed by the learned Chief Judicial Magistrate, Bongaigaon.

It appears that the applicant has filed an application seeking custody of the

51 bags of betel nuts, which were seized by the police but, the learned Court below has dismissed the same on the basis of the opinion of Senior Food Safety Officer, Bohaigaon. Be that as it may, the petitioner has the right to get the sample of betel nuts examined at Central FSL. In view of above, and as agreed upon by the parties, the impugned order dated 31.08.2021, is set aside. It is provided that the applicant shall prefer an application for sending the sample to Central FSL, and in such event the learned Court below shall consider the same in accordance of law. After, receiving the report from the Central FSL, the learned Court below shall hear both the parties again on the Zimma petition and dispose of the same in accordance with law.

In terms of above, this revision petition stands disposed of.

JUDGE

Comparing Assistant