Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Zimma of Vehicle Pending Court Orders - In several cases, courts have considered whether to grant zimma (release) of seized vehicles even when investigations are ongoing or pending. The key factor is whether the vehicle is required for further investigation or if the investigation is complete. For example, in ["2025 Supreme(Online)(Gau) 3335"], the vehicle was released after investigation concluded, subject to a bond and undertaking ["2025 Supreme(Online)(Gau) 3335"].
Conditions for Granting Zimma - Courts often require the petitioner to furnish a bond equivalent to the market value of the vehicle, provide proper identification, and undertake to produce the vehicle as required. In ["2025 Supreme(Online)(Gau) 5541"], the court permitted zimma after verifying documents and taking photographs, emphasizing procedural safeguards ["2025 Supreme(Online)(Gau) 5541"].
Restrictions Under Specific Laws - Under the NDPS Act (["2025 Supreme(Online)(Megh) 448"] & 01358), courts have rejected zimma requests for vehicles seized in drug cases, citing the nature of the offense and the possibility of continued investigation, with no explicit provision for interim release during trial. The courts have maintained that the seizure is justified until the case concludes ["2025 Supreme(Online)(Megh) 448"], ["01358"].
Zimma of Cattle and Other Articles - Under the Assam Cattle Preservation Act, 2021, there is no absolute bar to granting zimma of seized cattle if sufficient materials do not suggest commission of an offense. The courts have considered the prima facie case and the nature of the articles involved ["2024 Supreme(Online)(GAU) 6779"].
Pending Final Orders and Damage Concerns - In cases like ["2025 Supreme(Online)(Gau) 3333"], courts have allowed zimma pending the hearing of applications for return, especially if the vehicle has been lying unused or exposed to damage. However, such release is often conditional, requiring guarantees or bonds ["2025 Supreme(Online)(Gau) 3333"].
Summary & Conclusion - Generally, courts can grant zimma of vehicles even if a prayer is pending under Section 107 of the Bnss, provided the investigation is complete or the vehicle is not required for further investigation. Conditions such as bonds, identification, and undertaking to produce the vehicle are typically imposed. However, in drug-related cases under NDPS, courts tend to be more cautious and often reject interim zimma until the case is concluded due to the serious nature of the offense and the potential for continued investigation ["2025 Supreme(Online)(Gau) 3335"], ["2025 Supreme(Online)(Gau) 5541"], ["2025 Supreme(Online)(Megh) 448"], ["01358"], ["2024 Supreme(Online)(GAU) 6779"], ["00139964"].
In the realm of Indian criminal law, vehicle owners often find themselves navigating complex proceedings involving . One pressing question arises frequently: Can be granted for a vehicle in a pending Section 107 BNSS case? , or , allows the release of seized items like vehicles to their owners under conditions during ongoing investigations or trials. However, when —corresponding to the old —comes into play, the situation gets tricky.
This post breaks down the legal landscape, drawing from key judicial precedents and statutory principles. Note: This is general information based on legal documents and is not specific legal advice. Consult a qualified lawyer for your case.
refers to the temporary custody of , typically under (equivalent to ). Courts grant it to or , often with conditions like bonds or sureties, to prevent undue hardship while ensuring the property's availability for trial. Vehicles are common subjects, as prolonged seizure can cripple livelihoods, especially for commercial operators. Cases like those involving offenses highlight rejections of prayers due to case gravity [
#ZimmaLaw #BNSS107 #VehicleCustody
Labanya Das, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for zimma of the vehicle bearing registration No. AS 12 CC 1072, Bolero PIK-UP FB PS 1.3T. ... The aforementioned vehicle may be given in zimma to the petitioner on his execution of a bond of Rs.1,00,000/- (Rupees One Lac) to the satisfaction of Officer-In-Charge with an ....
Assam Cattle Preservation Act , 2021 puts no such absolute embargo on the Court to give zimma of the seized cattle to its owner.” 5. ... Chief Judicial Magistrate, Kokrajhar rejecting the prayer of zimma of 2 (Two) cows to the petitioner in connection with Kazigaon Police Station Case No. 19/2024 under Sections 379/411/34 of the Indian Penal Code, 1860, read with Section 13(1) of the Section 11 (5), when the Magistrate is ....
Bharatiya Nagarik Suraksha Sanhita , 2023, the petitioner is seeking granting of zimma of the seized vehicle bearing Registration No. AR-15-3692 which was seized in connection with Jonai P.S. ... It further appears that the Investigating Officer has clearly stated in its report that the zimma of the seized vehicle may be granted to the petitioner if this court deems it fit. ... AR-15-3692 to the petitione....
(NDPS) Case No.1 of 2025 u/s 8(c) 20(b)(ii)(c)/25/29 of NDPS Act rejecting the prayer of zimma of Maruti Suzuki Supper Carry Pick-up bearing Registration No.TR05/F-1909. ... Sheikh, learned GA appearing for the State-respondent, on the other hand, strongly objects to the prayer made on behalf of the petitioner. He submits that the driver of the vehicle bearing No. ... The petitioner thereafter filed Zimma....
(NDPS) Case No.1 of 2025 u/s 8(c) 20(b)(ii)(c)/25/29 of NDPS Act rejecting the prayer of zimma of Maruti Suzuki Supper Carry Pick-up bearing Registration No.TR05/F-1909. ... Sheikh, learned GA appearing for the State-respondent, on the other hand, strongly objects to the prayer made on behalf of the petitioner. He submits that the driver of the vehicle bearing No. ... The petitioner thereafter filed Zimma....
Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer to recall and cancel, as well as to modify the impugned order dated 24.03.2025 in connection with Batadrava Police Station Case No. 26/2025 under Section 11/13(1) of the a href="./.. ... This can be done pending hearing of applications for return of such vehicles.” 8. It is further submitted that vehicle has been lying in the open since 29.02.2025 and it is getting damag....
Case No. 758/2024 pending before the Court of Additional CJM, Kamrup (M), Guwahati and Impugned order dated 05.05.2025 passed by the learned Chief Judicial Magistrate, Kamrup (M), Guwahati and thereby dismissing the zimma petition of the petitioner in connection with P.R.C. ... This application has been preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside and quashing the impugned order dated 05.05....
Accordingly, the orders passed by the learned Trial Court on 04.10.2024 and 27.09.2024, whereby the prayer for zimma was rejected and respondent No. 2 was granted zimma along with permission to sell the seized coal at auction, respectively, need to be reconsidered. ... This application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 438 thereof, against the impugned Order dat....
The learned Special Judge, Karbi Anglong has rejected the zimma prayer of the petitioner in respect of the vehicle bearing No. ... The learned trial court after hearing the parties and considering the nature of offence rejected the prayer to give temporary zimma of the vehicle to the petitioner, who is the registered owner. 4. ... The petitioner had prayed before the le....
After considering the submissions at the bar, the petitioner is directed to appear before the learned trial Court and apply for zimma of the vehicle bearing registration No. ... State of Gujarat reported in AIR 2003 SCC 638 wherein it has been observed that the concerned Magistrate should take immediate action to release the zimma of the vehicle to the registered owner. ... However, the petitioner has submitted before this....
30. In view of the provisions of Section 531 of the BNSS, the Cr. PC stands repealed; yet, pending proceedings are to be continued under the repealed law. We, therefore, decline Mr. Raju’s prayer. However, liberty to seek sanction under the Cr. PC, if so advised, is reserved. 29. Mr. Raju, sensing the Court’s mind, requested for liberty being granted to seek sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which has introduced the concept of deemed ....
Accordingly a prayer has been made to quash the aforesaid complaint case right from taking cognizance upto giving zimma of the vehicle to the said complainant without authority of law. It is challenged that giving of zimma of the vehicle to the complainant is wholly illegal, as he is a total stranger to all the transactions in respect of the vehicle financed by the financer to the original borrower/buyer and as such, the very basis of the complaint is nothing but a fraud by d....
The petitioner had the notice of pendency of the Criminal Revision. The petitioner's prayer for 'zimma' of the vehicle was allowed with certain conditions vide order dated 09.05.2011. Respondent No. 2, after his release from the jail custody on bail, moved an application for custody of the said vehicle, which was, however, rejected by the trial Court vide order dated 19.04.2011. Case before the Civil Court and the interim injunction order was made absolute after elaborate dis....
3. In writ petitions No. 1760 of 2006 and 1812 of 2006 a prayer for replacing the vehicle covered by permit by Higher Model Vehicle is also there.
Such cases which are referable under section 20(1) of the Act fall under section 19(5)(i). While any “case” pending before the court can be referred to the Lok Adalat under Section 20(1), any “matter” which is not pending before any court can be referred to the Lok Adalat, under Section 20(2). Setion 20(1) lays down under what circumstances a “case” which is pending before a court can be referred to a Lok Adalat for settlement.
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