GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
VIKRAM KUMAR SINGH AND ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent
ORDER
23.12.2021 Heard Mr. F.A. Hasan, learned counsel for the petitioners. Also heard Ms. S.
Jahan, learned Addl. P.P., Assam appearing for the State respondent. Considering the facts and circumstances of the case and as agreed to by the parties, this petition is taken up for disposal at the admission stage.
2. By this petition under Section 482 read with Sections 397/401 of the Cr.P.C., the petitioners have prayed for quashing of the impugned order, dated 16.07.2021, passed by the learned S.D.J.M. (M), Bajali, Pathsala in Barpeta P.S. Case No. 1381/2021, whereby rejected the petitions of the petitioners for release of seized vehicles to their custody on zimma.
3. The brief facts of the case is that on 13.06.2021 one Jayanta Kr. Nath, ASI lodged an FIR before the O/C, Barpeta P.S. alleging, inter-alia, that on 12.06.2021 at about 9 a.m., he learnt from reliable sources that the driver of an oil tanker bearing registration No. NL-01-L-0451, parked behind Pranam Dhaba were unloading the petroleum products with the help of some unknown miscreants. Accordingly, the informant and his staff rushed to the place of occurrence and after conducting search, seized 7 nos. of plastic water tank ma
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