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2025 DAILYLAW 15017 (GAU)

DEEP KUMAR v. THE STATE OF ASSAM AND ANR

Crl.Pet./821/2024 · 2025-04-27

Malasri Nandi

body2025

Judgment text

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Page No.# 1/2 GAHC010139952024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./821/2024 DEEP KUMAR S/O MAHESWAR DAYAL R/O VILL- GHILOY P.O.-NIGOH P.S.-CHHIBRAMUA DIST- KANNAUJ UTTAR PRADESH VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:THE AUTHORISED OFFICER CUM DIVISIONAL FOREST OFFICER CACHAR DIVISION SILCHAR ------------ Advocate for : MR I HAQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 28.04.2025 Heard Mr. I. Haque, learned counsel appearing for the petitioner and Page No.# 2/2 also Mr. I. Barthakur, learned Special Public Prosecutor, Forest Department. This is an application filed by the petitioner under Section 528 r/w Section 498 of BNSS, 2023, praying for releasing the seized vehicle bearing Regd. No. UP-74T-5134 in connection with CR Case No. 405/2019 corresponding to impugned order dated 27.03.2023, passed by the learned Additional CJM, Cachar, Silchar. The learned counsel for the petitioner submits that one Bhikari Das was the registered owner of the vehicle (truck) vide Regd. No. UP-74T/5134 and the petitioner as the power of attorney holder, was given authority to manage and look after the said vehicle, which was seized in connection with CR Case No. 405/2019. It is also submitted that the learned trial court vide order dated 27.03.2023, whimsically came into conclusion that the seized article, if any, shall be disposed of in due course as per law. But when the petitioner approached the Forest Department, they denied to hand over the sized vehicle to the petitioner. Hence, this petition. However, further submission is that in the meantime, the petitioner died and one death certificate has been produced to that effect. Death certificate be treated as part of the record. In view of the above, the present petition stands closed and disposed of accordingly. JUDGE Comparing Assistant