GAHC010099122025 2025:GAU-AS:15838

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./553/2025

SUMAN SINGH

S/O BALDEV SINGH

R/O HOUSE NO. 18, KUNDIL NAGAR

NEAR MEGHA PLAZA,

BASISTHA, BELTOLA, GUWAHATI-781029, DIST. KAMRUP (METRO),

ASSAM VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PP, ASSAM

2:SWMDWM SWARGIARY

SUB-INSPECTOR OF POLICE

KHATKHATI POLICE STATION

KARBI ANGLONG

ASSA

Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

21.11.2025

Heard Mr. S. Munir, learned counsel appearing for the petitioner. Also heard

Mr. M.P. Goswami, learned Addl. P.P., Assam for the State respondent.

2. By way of this criminal petition the petitioner is seeking, inter alia, quashing of the impugned order dated 08.04.2025, passed by the learned Sessions Judge, Karbi Anglong in Zimma Petition No.26/2025 arising out of Khatkhati P.S. Case No.18/2025 under Section 17(c) of the NDPS Act, whereby the zimma of the truck bearing registration No.AS 01 NC 4927 was rejected and for granting custody of the said seized truck to the petitioner.

3. The case of the petitioner is that he is the owner of the said seized truck. It is the specific case of the petitioner that the vehicle of the petitioner was driven by the Driver, namely Sri Bijay Brahma, when the vehicle was seized.

4. The prosecution case as transpired from the FIR dated 23.02.2025 lodged by one Swmdwm Swargiary, S.I. of Police, is that on 23.02.2025 at about 7.30 am during routine naka checking duty on 4 lane in front of Karagaon PP, the informant along with his staff detained the said truck, coming from Dimapur side, which was heading towards Dillai. On thorough search of the detained truck in the presence of independent witnesses and SDPO Bokajan complying the provisions of Section 185 BNSS and Section 50 NDPS Act, police recovered 18 nos. of packets containing jelly like substance suspected to be opium (kani) weighing total 18.108 kgs., which was kept concealed inside speedometer box of the truck behind the steering wheel. Accordingly, the informant seized the recovered contraband along with the vehicle and other articles as well as apprehended the Driver. During spot interrogation, the Driver revealed that he had brought the recovered contraband from Manipur and was supposed to deliver the same at Guwahati.

5. It is the further case of the petitioner that after coming to know about the seizure of his vehicle, the petitioner preferred a zimma petition before the Court of learned Sessions Judge, Karbi Anglong, praying for custody of the said vehicle, which was registered and numbered as zimma petition No.26/2025. However, the learned Sessions Judge, Karbi Anglong by the impugned order dated 08.04.2025 rejected the said prayer of the petitioner for zimma of the seized vehicle. Situated thus, the present petition has been filed before this Court.

6. Mr. S. Munir, learned counsel appearing for the petitioner submits that the vehicle owned by the petitioner was seized in connection with the aforesaid case mainly on the ground that the contraband was recovered from the possession of the Driver of the said truck. He further submits that the said truck is in no way involved in the offence alleged in the case and the petitioner does not have any knowledge that his vehicle was used for commission of the offence alleged in the case. He further submits that even the apprehended accused Driver has not named the owner of the vehicle and there is no complicity of the present petitioner in the alleged offence in any manner. He further submits that despite the same, his vehicle due to the aforesaid seizure is lying in the Khatkhati Police Station for last 9 months.

7. Per contra, Mr. M.P. Goswami, learned Addl. P.P. submits that on the earlier occasion this Court upon directing the prosecution side to obtain report concerning the zimma of the seized vehicle from the investigating