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GAUHATI HIGH COURT
MANISH CHOUDHURY, J
ZIAUR RAHMAN – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. ownership claims and seizure details (Para 2 , 3 , 4 , 5) |
| 2. conditions for granting interim custody (Para 6 , 9) |
| 3. court's decision on interim custody (Para 10) |
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 re
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