Back
2025 Supreme(Online)(Gau) 3335
GAUHATI HIGH COURT
Susmita Phukan Khaund, J
SMTI LABANYA DAS – Appellant
Versus
THE STATE OF ASSAM – Respondent
Crl.Pet./390/2025
For the Appellants/Petitioners: TUN RAJKHOWA
For the Respondents: PP, ASSAM
The court affirmed that vehicles seized in criminal proceedings can be returned when not required for further investigation, subject to appropriate guarantees.
Headnote:The application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was filed seeking zimma of a seized vehicle. The petitioner was aggrieved by the special judge's order rejecting the zimma application. The court determined that the vehicle was no longer required for further investigation. The court also noted the submission of the Investigation Officer concerning the completed investigation and the terms for handing over the vehicle. The application was thus allowed, and the vehicle was granted on specific conditions.
| Table of Content |
|---|
| 1. application under section 528 for zimma of seized vehicle. (Para 1 , 2) |
| 2. determination that vehicle is not needed for further investigation, conditions for return stated. (Para 4 , 5 , 6) |
| 3. petition disposed, zimma granted under specific conditions. (Para 8) |
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.
