The court affirmed that vehicles seized in criminal proceedings can be returned when not required for further investigation, subject to appropriate guarantees.

ORDER

Date : 02-06-2025 Heard learned counsel Ms. T. Rajkhowa for the petitioner Smt. Labanya Das, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for zimma of the vehicle bearing registration No. AS 12 CC 1072, Bolero PIK-UP FB PS 1.3T.

2. The petitioner is aggrieved by the order dated 13.03.2025 passed by the learned Special Judge, Udalguri in connection with Petition No. 381/2025 rejecting the zimma of the vehicle seized in connection with Rowta Police Station Case No. 128/2024 under Sections 20(b)(ii)(C)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

3. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam.

4. A report has been sent from the IO, who has submitted that charge sheet has been laid against the petitioner vide Rowta PS CS No. 49/2025 under Section 20(b)(ii)(C)/29 of NDPS Act dated 01.06.2025. Investigation is complete and the vehicle is not required for further investigation.

5. The earlier impugned order was passed at the stage of further investigation as the vehicle was required for further investigation. Now, the IO has submitted that the vehicle is not required for further investigation.

6. The aforementioned vehicle may be given in zimma to the petitioner on his execution of a bond of Rs.1,00,000/- (Rupees One Lac) to the satisfaction of Officer-In-Charge with an undertaking that the petitioner shall produce the vehicle as and when required by the Court.

7. The report of the IO shall form a part of this record.

8. In terms of the above observation, this petition stands disposed of.