A petitioner can obtain interim custody of seized property if they prove registered ownership and show potential harm to the property.

ORDER

Date : 28.07.2025 Heard Ms. M. Dev, learned counsel for the petitioner and Ms. S.H. Bora, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

2. The instant criminal revision petition under Section 438 read with Section 442 , Bharatiya Nagarik Suraksha Sanhita , 2023 is preferred to assail an Order dated 06.06.2025 passed by the Court of learned Sub-Divisional Judicial Magistrate [S]-II, Kamrup [M], [‘the SDJM [S]’, for short] Guwahati whereby a petition filed by the petitioner seeking interim custody of 53 MTS [approx.] of coal seized in connection with Basistha Police Station Case no. 188/2025, has been rejected.

3. On 30.03.2025, upon recovery and seizure of suspected stolen coals after interception of a vehicle bearing registration no. AS-01/DC-3405 [Tata 909], a case, Basistha Police Station Case no. 188/2025 has been registered on 30.03.2025 for the offences under Section 61[2]/305[e], BNS, 2023. Subsequently, in the early hours of 09.04.2025, another vehicle bearing registration no. AS-01/QC-9326 [the subject-vehicle] loaded with 53 MTS [approx.] of coals was seized. One Sakayet Khan [driver] and Bishnu Mandal [helper] were found to be occupants of the subject-vehicle and they were immediately arrested. Later on, they were allowed to go on bail on 08.05.2025.

4. The petitioner has claimed that he is the owner of a vehicle bearing registration no. AS-01/QC-9326. In support of such claim, the petitioner has annexed the Vehicle Registration Certificate bearing Chassis no. MAT555013P1G20678 & Engine no. B6.7B62300D02132G64310090 [Annexure- 1], Authorization Certificate of N.P. Goods [Annexure-2], Motor Insurance Certificate-cum-Policy Schedule [Annexure-3]; Pollution Control Certificate [Annexure-4]; Driving Licence [Annexure-5]; E-Way Bill [Annexure-6]; and Mineral Transportation Challan [Annexure-7 Colly].

5. Prima facie from the Vehicle Registration Certificate, Authorization Certificate, Motor Insurance Certificate-cum-Policy Schedule; Pollution Control Certificate; Driving Licence; E-Way Bill; and Mineral Transportation Challan, it can be noticed that the petitioner is the registered owner of the subject-vehicle, which was seized on 09.04.2025 in connection with Basistha Police Station Case no. 188/2025.

6. In the Report dated 24.07.2025 submitted by the I.O., it is mentioned that as per the data retrieved from E-challan system, the petitioner is found to be the registered owner of the subject-vehicle and the subject-vehicle can be considered for release on zimma upon production and verification of the registered ownership documents.

7. The petitioner has averred that since the subject-vehicle was seized on 09.04.2025, the subject-vehicle has been kept in open condition without any proper care and protection and the same is likely to be damaged due to heavy rainfall, etc.

8. From the Report of the I.O. dated 24.07.2025, it can be seen that the charge sheet has only been submitted against the apprehended accused persons, that is, the driver and the helper of the subject-vehicle. The petitioner who is the registered owner of the subject-vehicle, has not been charge-

sheeted in Charge Sheet no. 278/2025.

9. Having regard to the Report dated 24.07.2025 of the I.O. wherein he has stated that the subject-vehicle can be considered for release on interim custody upon production and verification of the original ownership documents, it is ordered that interim custody of the subject-vehicle bearing registration no. AS- 01/QC-9326 seized in connection with Basistha Police Station Case no.

188/2025 be given to its registered owner, that is, the petitioner subject to the following conditions :-

1. The petitioner shall furnish an indemnity bond of Rs. 42,46,608/-, which is the Insured’s Declared Value [IDV] of the subject-vehicle with