Page No.# 1/2 GAHC010178412024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1076/2024 TAMAR GADI S/O- LATE YONTU GADI, R/O- KANGKU, P..S LIKABALI, DIST. LOWER SING, ARUNACHAL PRADESH. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR A V SINGH, MR W R MEDHI,MR P TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.01.2025 Heard Mr. W.R. Medhi, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Sections 438/442 read with Section Page No.# 2/2 528 of the BNSS, 2023, by the petitioner, namely, Sri Tamar Gadi in respect of Silapathar Police Station Case No. 150/2024. 3. Some liquor as well as beer bottles were brought from Likabali area of Arunachal Pradesh in a truck and those were taken to another place in the State of Arunachal Pradesh. The vehicle in that case has to travel to the State of Assam. When the vehicle was travelling in the State of Assam, Police stopped them and registered the Silapathar Police Station Case No. 150/2024. Ultimately, Police filed the charge-sheet in the said case. 4. The present petition has been filed praying for seeking custody of 690 nos. of bottles of beer consisting of (Tuborg 592 Nos. and He Man 98 Nos.). 5. Mr. Medhi has submitted that the seized beer is a perishable commodity and if those bottles remain in custody of Police, the same will be damaged. 6. I have considered the submissions made by the learned counsel of both sides. Further, Police has already filed charge-sheet. 7. This Court is of the opinion that keeping the beer bottles in custody will not serve any purpose to the subsequent trial. Therefore, the prayer of the petitioner is allowed. 8. The bottles of beer aforesaid containing different brands seized in respect of Silapathar Police Station Case No. 150/2024 shall be given in custody of the present petitioner on taking a bond of Rs.50,000/-. 9. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant