Page No.# 1/3 GAHC010164232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./288/2025 ASHAFUL ISLAM S/O- SAHAR ALI. VILL.- RAWMARI, DIST.- NAGAON, PIN - 782125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. G BORAH, MS. M. DEKA Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 18.09.2025 Heard Mr. G Borah, learned counsel for the petitioner. Also heard Mr. R R Kaushik, learned Addl. Public Prosecutor. 2. By way of this revision petition, challenge has been made to an order Page No.# 2/3 dated 23.06.2025 passed by the learned Judicial Magistrate First Class, Hojai in connection with Jamunamukh PS case No. 13/2025 under Sections 191(2)/191(3)/126(2)/118(2)/324(4)/109 of BNSS, 2023, whereby the prayer for zimma of the petitioner’s vehicle was rejected. The petitioner Ashaful Islam claims to be a registered owner of the vehicle which has been seized in connection with the aforesaid case. It appears that the learned Court below had rejected the application on two grounds i.e., (i) discrepancy in the name of the petitioner i.e., Ashaful Islam/Ashraful Islam, which appeared in the bail application filed on behalf of the said petitioner and (ii) that it was required for further investigation. A perusal of the part of the I.O shows that the I.O wants to retain the vehicle in order to trace out two other vehicles which were involved in the alleged offence, which justification is difficult to appreciate. 3. Having regard to the consistent decisions of the Hon’ble Supreme Court in this regard and also considering the fact that the vehicle is not involved in the transportation of any contraband, the Court is of the view that the custody of the vehicle is required to be handed over to the registered owner of the said vehicle after due verification. 4. In view of the above the impugned order dated 2306.2025 is set aside, and it is directed that the I.O shall hand over the vehicle bearing Registration Page No.# 3/3 No. AS-01-GG-7927 to the petitioner, after verification of all relevant documents. 5. The Criminal Revision Petition stands disposed of accordingly. 6. Report of the I.O be kept on record. JUDGE Comparing Assistant