Page No.# 1/4 GAHC010178012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1012/2025 SAFAR UDDIN S/O TAHAR UDDIN R/O VILL AND P.O. KUTUBPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM PIN CODE-787054. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:RIJUMONI BANGTHAI WSI D/O BHATIRAM BANGTHAI OF DADARA OUT POST UNDER HAJO POLICE STATION DIST. KAMRUP ASSA Advocate for the Petitioner : MR. B CHOWDHURY, MR A AKBAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 23.10.2025 Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor, appearing for the State. 2. The present criminal petition has been instituted assailing the order dated 23.07.2025, passed by the learned Special Judge, Kamrup, Amingaon, in connection with Hajo P.S. Case No.179/2025, registered under Sections 21(b)/29 of NDPS Act, rejecting the prayer of the petitioner, herein, for Zimma of the vehicle, in question. 3. The materials brought on record reveals that the vehicle being a Hyundai Venue Car bearing registration no.AR 01 R 8715, was seized by the police on recovery of narcotics substances, made from the persons travelling in the said vehicle. The petitioner, herein, who is the owner of the said vehicle had approached the learned Trial Court praying for Zimma of the said vehicle. 4. The learned Trial Court vide order dated 23.07.2025, was pleased to reject the prayer made by the petitioner, herein, for Zimma of the vehicle by noticing the nascent stage of investigation in the matter at that relevant point of time. Page No.# 3/4 5. Mr. B. Sharma, learned Additional Public Prosecutor, had furnished a status report from the Investigating Officer in the matter. A perusal of the said status report reveals that on completion of the investigation, the police had laid a charge-sheet, being Hajo P.S. charge-sheet no.296/2025 dated 30.08.2025, against the accused persons involved under Sections 21(b)/29 of NDPS Act. Mr. B. Sharma, submits that the application for Zimma was objected to by the Investigating Officer and was rejected by the learned Trial Court vide order dated 23.07.2025, only on the ground of the nascent stage of investigation at that relevant point of time. He submits that the investigation having concluded and charge-sheet in the matter having been laid, the petitioner can file a fresh application for Zimma by disclosing the particulars requisite for establishing his ownership of the vehicle, in question. 6. I have heard the learned counsel for the parties and perused the materials available on record. 7. Basing on the submissions made by the learned counsel for the parties and also noticing the ground on which the application for Zimma as preferred by the petitioner, herein, was rejected by the learned Trial Court vide order dated 23.07.2025, this Court is of the considered view that the investigation in the matter having been concluded and charge-sheet laid, the petitioner would be at liberty to submit a fresh application for Zimma before the learned Trial Court, by disclosing the requisite particulars with regard to his ownership of the vehicle, in question. Page No.# 4/4 8. Accordingly, the petitioner is directed to file a fresh application for grant of Zimma of the vehicle, in question, before the learned Trial Court. 9. In the event, any such application is submitted by the petitioner and therein, there is due disclosure of materials with regard to his ownership of the vehicle, in question, the learned Trial Court shall consider and dispose of the said application strictly in accordance with law. 10. With the above observations and directions the present criminal petition stands disposed of. JUDGE Comparing Assistant