Page No.# 1/3 GAHC010115802025 2025:GAU-AS:8236 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./201/2025 HIMANGSHU PATHAK S/O LATE TULASHI PATHAK, R/O MAKUM TOWN, P.O.MAKUM DIST. TINSUKIA, ASSAM, PIN-786170 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR N J DAS, MR. D DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 19-06-2025 Heard Mr. B.K. Mahajan, the learned counsel for the petitioner and also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of State respondent. Page No.# 2/3 2. This is an application u/s 438/442 and 528 of Bharatiya Nagarik Suraksha Sanhita 2023 in connection with Gorchuk Police Station Case No. 157/2025 u/s 281/125(b)/106(1) of BNS, 2023 seeking zimma of vehicle bearing Registration No. AS01 EV 9934. 3. Report is received from the I/O. Perused the same. 4. It is submitted by Mr. Mahajan that his earlier zimma petition filed before the learned Trial Court below was rejected only on the ground that forensic expert opinion was required as per report of the I/O. Further he submitted that the report of MVI was also not conclusive in that regard. He submitted that the vehicle was seized in connection with Gorchuk Police Station Case No. 157/2025 u/s 281/125(b)/106(1) of BNS, 2023 on 17.05.2025 and since then the vehicle is in custody of police. The present petitioner is the registered owner of the vehicle and submitted some of the relevant documents along with the petition. He further submitted that it will be under zimma of the petitioner and he is ready and willing to cooperate with the investigation and also ready to produce the vehicle as and when it will be required for the purpose of investigation. 5. Mr. Goswami, the learned Additional Public Prosecutor submitted in this regard that as per report of the I/O, the FSL report is still awaited. As per report of the I/O the case is presently pending only for non-receipt of the FSL Report from the FSL Laboratory. However, as per report of the I/O the vehicle and the relevant documents which were seized in connection with this case may be handed over to the present petitioner who is the registered owner of the vehicle. 6. Considering the submission made by learned counsel for both sides vis-à- vis the report of the I/O, it is seen that the vehicle may not be required for Page No.# 3/3 further investigation of the case. However, there may be requirement of the vehicle after receipt of the FSL report and in that event the petitioner will produce the vehicle before the concerned I/O. 7. In view of this the present petition for zimma is allowed with a direction to the learned Trial Court below to dispose of the zimma petition and will pass necessary order of furnishing bond after assessing the value of the vehicle and will pass necessary order for release of the vehicle. 8. With the above observations, this criminal revision petition stands disposed of. JUDGE Comparing Assistant