Zimma of a seized vehicle may be granted when the investigation is complete, affirming the principle of ownership responsibility.

ORDER

Date : 25.06.2025 Heard Mr. A. Ali, learned counsel appearing for the petitioner.

Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor, appearing for the State respondent.

2. By way of this application under Section 497 of the Bharatiya Nagarik Suraksha Sanhita , 2023, the petitioner is seeking granting of zimma of the seized vehicle bearing Registration No. AR-15-3692 which was seized in connection with Jonai P.S. Case No. 25/2025 under Section 340(2)/341(4)/240/318(4)/61(2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the “BNS, 2023”).

3. The brief fact of the case is that on 19.03.2025, one S.I. Bhaskar Konwar of Jonai P.S., lodged an F.I.R., in Jonai Police Station against the petitioner, alleging, inter alia, that the number plate of a Swift Dzire car bearing registration No.AR-15-3692 is found to be forged, for which the petitioner was arrested and the vehicle was seized. On the basis of the F.I.R., the Officer-in-Charge of Jonai P.S. registered the case as Jonai P.S. Case No.25/2025, under Sections 340(2)/341(4)/240/318(4)/61(2) of the BNS, 2023 and started investigation. Since the aforesaid vehicle after registration of the F.I.R., was seized, the present petition has been filed.

4. Mr. A. Ali, learned counsel appearing for the petitioner, submits that the petitioner is the purchaser and the owner of the vehicle and has not committed any offence as alleged in the F.I.R.

5. I have given my prudent consideration to the submission advanced by the learned counsel for the petitioner, and also perused the material available on record.

6. The grounds of release of the vehicle as averred in the application reads as under:

“3. That the real fact of this case is that the petitioner purchased the vehicle namely Maruti Dzire VXI Bearing registration number AS 04X 4605 from Sri Munin Changmai by executing an affidavit dated 18/05/2022. Sri Munin Changmai was the owner of the vehicle. After purchasing the vehicle from him, the petitioner did not verify and compared the number plate with the sale agreement/affidavit. He was handed over the vehicle bearing No.AR-15-3692 and accordingly he applied for registration of the vehicle in his name and the District Transport Office, Kurung Kumey district of Arunachal Pradesh issued the registered certificate to him on 16/08/2009. Thereafter he is utilizing the vehicle with Bonafide intention. He has not committed any offence as alleged in the FIR. The earlier owner or some other person may cheated the number plate for which the petitioner is not responsible. Since the petitioner purchased the vehicle from the first owner by executing an affidavit of sale and thereafter it is duly transferred and registered by the Government of Arunachal Pradesh, the vehicle may be handed over to the petitioner after proper verification.

4. That the petitioner begs to state that if this Hon'ble Court is not pleased to grant the Zimma of the respective vehicle to him as it has been seized in connection with the aforesaid case and now in the custody Jonai police station, he will have to suffer financially.”

7. The report as called for is placed before this court by Mr. D. P.

Goswami, learned Additional Public Prosecutor, Assam.

8. Perusal of the aforesaid report indicates that the investigation of the case is almost completed and the seized vehicle is no more required for the purpose of investigation. It further appears that the Investigating Officer has clearly stated in its report that the zimma of the seized vehicle may be granted to the petitioner if this court deems it fit.

9. That being so, the prayer for zimma of the seized vehicle bearing Registration No. AR-15-3692, which was seized in connection with Jonai P.S. Case No. 25/2025 under Section

340(2)/341(4)/240/318(4)/61(2) of the BNS, 2023 is allowed

10. The I.O. is directed to release