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2025 DAILYLAW 11665 (GAU)

MRS RWISUMWI BASUMATARY v. THE STATE OF ASSAM

Crl.Rev.P./153/2025 · 2025-05-12

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010091692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./153/2025 MRS RWISUMWI BASUMATARY W/O-MIJING BORO,R/O-BAHADUR ADARSHA GAON,P.S-MAZBAT,DIST- UDALGURI VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR. A BHATTACHARJEE,MR S PAUL,MS. K MALAKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.05.2025 1. Heard Mr. A. Bhattacharya, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. Mr. Sharma has submitted that he has not yet received the report as directed by this Court on earlier fixed date. Page No.# 2/3 3. Today, I have considered the submissions made by learned counsel for both the sides. 4. This is an admitted fact that the Hyundai Grand i10 Nios vehicle bearing Registration No.AS-12AL-9040 was seized by Police because this vehicle was allegedly escorting another vehicle that was carrying Narcotic Drugs. 5. Today, the learned counsel for the petitioner is relied upon the provisions of law under Section 16(3) of the NDPS Act, 1985, sub-clause 3 states that – Any animal or conveyance used in carrying any narcotic drug or psychotropic substance, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. 6. In the case in hand, it is admitted that the seized vehicle was not carrying any Narcotic drugs rather it was allegedly escorting another vehicle that was carrying drugs. 7. Therefore, the present vehicle does not deserve to be kept seized in the instant case. 8. It is hereby directed that the Hyundai Grand i10 Nios vehicle bearing Registration No.AS-12AL-9040, which was seized in connection with Mazbat P.S. Case No.12/2025 shall be give its custody of its registered owner on taken a bond of Rs.50,000/-. Page No.# 3/3 9. With the aforesaid direction the Criminal Revision Petitioner stands disposed of accordingly. JUDGE Comparing Assistant