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2025 DAILYLAW 11113 (GAU)

DILIP KUMAR SAHA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3017/2022 · 2025-04-03

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010083502022 2025:GAU-AS:4089 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3017/2022 DILIP KUMAR SAHA S/O ANIL KUMAR SAHA, R/O WARD NO. 8, GOASANI ROAD, DINHATA MUNICIPALITY, DINHATA (P), DINHATA, COOCH BEHAR, WEST BENGAL, PIN-736135 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI PIN-783347 3:THE STATION HOUSE OFFICER (S.H.O) BAGRIBARI POLICE STATION PIN-783349 DHUBRI ASSAM 4:THE INVESTIGATING OFFICER IN BAGRIBARI P.S. CASE NO. 65/2020 (G.R. CASE NO. 564/2020) BAGRIBARI POLICE STATION PIN-783349 DHUBRI ASSAM 5:ASI ISHA HOQUE Page No.# 2/3 (COMPLAINANT IN BAGRIBARI P.S. CASE 65/2020) BAGRIBARI POLICE STATION PIN-783349 DHUBRI ASSA Advocate for the Petitioner : MR. JYOTIRMOY ROY, MS E NATH,MR T MEELEE,MR D DAS,MR. S SARMA Advocate for the Respondent : GA, ASSAM, MR. F A HASSAN (r-5),MR H ROHMAN (r-5),MD E AHMED (r-5) BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04.04.2025 Heard Mr. J. Roy, learned counsel for the petitioner. The grievance of the petitioner is that two vehicles, loaded with tobacco leaf, were stopped and detained at the instance of the informant of Bagribari P.S. Case No. 65/2020 despite production of the requisite documents to transport the same. The State respondent by filing an affidavit has taken a stand that after completion of investigation in connection with Bagribari P.S. Case No. 65/2020, charge sheet being CS No. 57/2020 dated 31.07.2022 under 420 of IPC was submitted with an allegation that the challan pertaining to the tobacco leaf were not correct. It is also submitted that subsequently, the vehicles under seizure were released. In view of the aforesaid, in the considered opinion of this Court, nothing survives to be adjudicated in the present writ petition. Accordingly, same stands closed. However, this order shall not be a bar for the petitioner to raise any Page No.# 3/3 grievance as permitted under law against the filing of charge sheet or continuation of the criminal case against the petitioner. JUDGE Comparing Assistant