Page No.# 1/2 GAHC010084552025 2025:GAU-AS:8439 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./485/2025 SRI NITYANANDA KAMAN SON OF LATE BHUBAN CHANDRA KAMAN, P.O. BILMUKH, P.S. GHILAMARA, DIST. LAKHIMPUR, ASSAM, PIN- 787053 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.06.2025 1. Heard Mr. J. C. Gogoi, learned counsel for the petitioner. Also heard Mr. Bhaskar Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 528, of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Morigaon P. S. Case No.63/2025. 3. 32 numbers of cows were seized by Police in connection with the aforesaid case. The petitioner filed an application before the Court of the learned Chief Judicial Page No.# 2/2 Magistrate, Morigaon, seeking the custody of the seized said 32 numbers of cows. Ultimately, the Court of the learned Chief Judicial Magistrate gave custody of 26 numbers of cows to the petitioner without saying anything about the remaining cows. 4. After hearing learned counsel for both the sides, this Court is of the opinion that the petitioner is entitled to receive the custody of the 32 numbers of cows, which were actually seized by Police. 5. Therefore, the order dated 05.04.2025, passed by the learned Chief Judicial Magistrate, Morigaon in I.A.(Zimma) Nos.68/2025 and 69/2025 is modified. 6. 32 numbers of cows shall be given in custody of the petitioner Nityananda Kaman, the other conditions will remain as it is. 7. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant