Page No.# 1/2 GAHC010149112025 2025:GAU-AS:10191 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./257/2025 BAHARUL ISLAM LASKAR S/O NO. KHAGARIJAN, NAKHUTI BAZAR, LANKA, HOJAI, ASSAM, PIN CODE- 782446, P.O. NAKHUTI BAZAR, MOBILE NO. 8011384899 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : OTOLI KITS, V K CHISHI,MS V.SHOHE,MS. A Y SUMI Advocate for the Respondent : PP, ASSAM, MR. I BORTHAKUR, FOREST DEPTT. BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 06.08.2025 Heard Ms. Otoli Kits, learned counsel for the petitioner and Mr. I Borthakur, learned Standing counsel, Forest Department, Assam for the respondent. 2. This is an application under Sections 497/503 of the BNSS, 2023 for interim custody of a bike bearing Registration No. AS31D563 and challenging the order dated 27.05.2025 passed by the learned Chief Judicial Magistrate, Hojai, Sankardev Nagar rejecting the prayer for custody of the vehicle belonging to the petitioner which was seized in connection with Forest Page No.# 2/2 Case No. LK/66 of 2024-25. 3. A perusal of the impugned order would show that the prayer for custody of the vehicle was rejected by the learned Chief Judicial Magistrate, Hojai, Sankardevnagar in view of the fact that a confiscation proceeding under Section 49(4) of the Assam Forest Regulation, 1891 was underway in respect of the said vehicle. 4. Mr. I Borthakur, learned Standing counsel, Forest Department has produced a copy of the notice dated 09.05.2025 issued to the petitioner to show-cause against the confiscation. 5. Learned counsel for the petitioner has submitted that as per instruction received, the petitioner has not received the said notice. 6. However, Mr. I Borthakur, learned Standing counsel, Forest Department has submitted that pursuant to the said notice, the petitioner has already submitted his reply. 7. Be that as it may, since a confiscation proceeding is underway, there was no scope for grant of zimma of the vehicle to the petitioner by the learned CJM, Hojai, Sankardevnagar and therefore I find no infirmity in the impugned order dated 27.05.2025, noted above. 8. It is open for the petitioner to participate in the confiscation proceeding and seek custody of the vehicle accordingly, in which case, the Forest authority shall decide as per law. 9. With the above observation, this criminal revision petition, stands closed. 10. Copy of the notice dated 09.05.2025 produced by Mr. I Borthakur, learned Standing counsel, Forest Department, be kept as part of the record. JUDGE Comparing Assistant