ORDER

Date : 20-01-2023 Heard Mr. S. Chauhan, learned counsel for the petitioner and Mr. P.

Borthakur, learned PP for the State of Assam.

This is an application under Section 401 read with Section 397 Cr.P.C., 1973 has been preferred by the petitioner with a prayer to set aside and quash the impugned order, dated 07.12.2022 passed by the learned S.D. J.M. (M), Gohpur in Criminal Gohpur P.S. Case No.104/2022 (GR No.130/2022), whereby Zimma of the seized vehicle bearing registration No.AS-01-GC-6974 was allowed to the petitioner on execution of a Bank guarantee to the value of the seized vehicle along with one local and suitable surety subject to certain condition.

Mr. Chauhan, the learned counsel for the petitioner submits that he is the registered owner of a TATA LPT 3118 TC bearing registration No.AS- 01-GC-6974 and the said truck was financed by Tata Motor Finance Limited and the truck was insured with United India Insurance Company Limited.

The brief facts of the case, in a nutshell, is that the petitioner was running from some financial constraint and gave his truck on rental basis amounting to Rs.1,20,000/- to Md. Raju Islam and Md. Gulajar Hussain and to that effect an agreement w