Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010139952024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./822/2024 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 SILCHA Advocate for the Petitioner : MR I HAQUE, Advocate for the Respondent : PP, ASSAM, MR. D GOGOI, SC, FOREST DEPTT.
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 28.04.2025
Heard Mr. I. Haque, learned counsel appearing for the petitioner and also Mr. I. Barthakur, learned Special Public Prosecutor, Forest Department.
Page No.# 2/2 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-6001 in connection with CR Case No. 404/2019 corresponding to impugned order dated 27.03.2023, passed by the learned Additional CJM, Cachar, Silchar. The learned counsel for the petitioner submits that the petitioner was the registered owner of the vehicle vide Regd. No. UP-74T-6001 which was seized in connection with CR Case No. 404/2019, in which the accused was discharged. 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