Page No.# 1/4 GAHC010139752025 2025:GAU-AS:13203 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./243/2025 OSMAN GONI S/O AMJAD ALI R/O ROWMARI P.S. GOALPARA DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ANIL CHANDRA KALITA SI OF POLICE S/O LATE NARO RAM KALITA I/C N.N. S ETU PP P.S. AND DIST. GOALPARA ASSA Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 24.09.2025 Heard Mr. S.M. Abdullah, learned counsel appearing for the petitioner. Also heard Ms. N. Das, learned Addl. Public Prosecutor for the State. By this application under Section438/442 of the BNSS, 2023 read with Section 528 of BNSS, 2023, the petitioner has prayed for setting aside and quashing of the order dated 25.04.2025 passed by the learned Chief Judicial Magistrate, Goalpara Assam in connection with Goalpara Police Station Case No. 139/2024 under Section 303(2)/318(4)/336(3)/3(5) of the BNS, 2023 read with Section 23 of Petroleum Act. The petitioner has prayed for custody of the vehicle i.e. ULTRA T-7 (Tata Motors) vehicle bearing registration number AS-28C-9878 which was seized by the Investigating Agency in connection with the aforesaid case. Mr. S.M. Abdullah, learned counsel for the petitioner submits that the petitioner is the owner of the said vehicle and he has annexed the registration certificate of the same as Annexure 2 in the said petition. The registration certificate amply demonstrates that the petitioner is the owner of the said vehicle as mentioned above. He also submits that the said vehicle is under hypothecation and that he is paying the monthly installment of the same. He as Page No.# 3/4 such, submits that since the Apex Court has time and again has held that there is no use of keeping the vehicle in the Police Station or keeping articles seized in connection with police cases for long, he has prayed that, custody of the said vehicle may be allowed to the petitioner who is the actual owner of the said vehicle. Ms. N. Das, learned Addl. Public Prosecutor however, submits that the said vehicle has been used in commission of the offence to illegally transport suspected petroleum products carried in the said vehicle. She also submits and relies upon the impugned order dated 25.04.2025 wherein, it is stated that the FSL report was yet to be received. It is a settled position of law that the vehicles which are seized in connection with the criminal offences are not to be kept in the police custody for long as the same would lead to normal wear and tear of the said vehicle and the Hon’ble Apex Court had held in a number of decisions that the said vehicles has to be handed over to the owner or to the person from whom it is seized or to the insurance company with whom the vehicle is insured and in absence of the same, it is held by the Hon’ble Apex Court, that the said vehicles may be auctioned in the interest of justice. It is noticed in the instant case that the petitioner is the owner of the said vehicle as is clear from the registration certificate annexed to the instant Page No.# 4/4 petition. It is also clear from the registration certificate that the said vehicle was hypothecated to Tata Motors Fin. Ltd and the petitioner has been paying monthly installment for the said vehicle. It is also held by the Hon’ble Apex Court that before giving the custody to the rightful owner or other authorities as mentioned above, the authorities concerned should take proper bond as well as photographs as well as panchnama and other requirements as provided under the law. In view of the same, this Court finds it fit that the vehicle being ULTRA T-7 (Tata Motors) vehicle bearing registration number AS-28C-9878 seized in connection with Goalpara P.S. Case No. 139/2024 may be given in custody to the petitioner by the Investigating Officer of the aforesaid case after taking proper bond as well by complying with other necessary formalities as regard under the law together with any other documents as may be felt necessary by the said Investigating Officer. Petition is disposed of. JUDGE Comparing Assistant