Page No.# 1/3 GAHC010163962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./902/2025 WASIMA BEGUM W/O INTAZ RAHMAN HAZARIKA R/O 107 GRANT SANTAK,P.O. SANTAK, P.S. BIHUBOR, DIST.SIVASAGAR, ASSAM, PIN-785687 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A K GUPTA, MS M BORAH,MR. P GOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26.09.2025 1. Heard Mr. A.K Gupta, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. The petitioner has filed this Criminal Petition being aggrieved by order dated 02.07.2025 passed by the Ld. Sessions Judge, Sivasagar, Page No.# 2/3 whereby the prayer for interim custom of vehicle is stated to have been seized in connection with Sivasagar P.S Case No. 88/2025. 3. The learned Additional Public Prosecutor has submitted the report dated 04.09.2025 submitted by the I/O wherein it is stated that the ownership of the vehicle was determined and found to be owned by the petitioner Wasima Begum. It is further stated that there is no confiscation proceeding initiated against the said vehicle. 4. It is, however, stated in the report that the zimma of the vehicle should not be given as the case is still under investigation. However, it appears that the vehicle was seized on 15.06.2025 and more than 3 months have elapsed since then and nothing specific has been stated in the report as to why the zimma of the vehicle should not be granted to its owner i.e. the petitioner. 5. Keeping in view the above as well as the decision of the Hon’ble Supreme Court in Sunderbhai Ambalal Desai V. State of Gujarat in 2002 Supp (3) SCR 39 in the prayer for zimma is allowed. The impugned order dated 02.07.2025 passed by the Ld. Sessions Judge, Sivasagar is set-aside. 6. I/O is directed to hand over the zimma of two vehicles bearing registration no. AS-04-BC-8204 (Mahindra Bolero Pick Up FB) and AS- 04-BC-9376 (Mahindra Bolero Pick Up FB) after following all necessary formalities like taking of photographs etc. 7. It is further provided that the ownership of the vehicles will not be transferred to any other person by the petitioner and shall follow such other conditions that may be imposed by the I/O till the conclusion of the trial. Page No.# 3/3 8. Petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant