ORDER

Date : 15-03-2023 Heard Mr. P. Borthakur, learned Public Prosecutor for the petitioner. Also heard Mr. A. Islam, learned counsel appearing on behalf of the respondent.

2. This is an application filed under Section under Section 482 read with Sections 401 of the Code of Criminal Procedure, 1973 and read with Article 227 of the Constitution of India, challenging the impugned order dated 06.05.2022, passed by the Court of learned Chief Judicial Magistrate, Cachar in petition No. 1019/22 and petition No.1106/22 allowing Zimma of the seized areca nuts in connection with Silchar Police Station Case No. 365/2022.

3. Brief facts leading to the filing of the present petition is that;

3.1 On 04.02.2022 information was received from the reliable sources that some persons have stored illegal betel nuts at Samragudam Madhurban under Silchar Police Station and accordingly, on receipt of the information Police searched one godown of Mahapragya Roadlines Pvt. Ltd. at Madhurban Samragudan. During search 800 bags of illegal stored betel nuts were recovered from the godown from the possession of one Chandan Yadav. During investigation it was found that the betel nuts have been smuggled from a forei