Page No.# 1/3 GAHC010185042025 2025:GAU-AS:13539 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./333/2025 NURUL ISLAM S/O ABDUL RAHMAN R/O CHAMATA RUPAIBATHAN NALBARI, P.O. AND P.S. NALBARI DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A DEKA, TAWHID LASKAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 26.09.2025 Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. D. P. Goswami learned Additional Public Prosecutor for the State of Assam. 2. The petitioner herein, namely, Nurul Islam has filed the instant petition invoking the powers of this Court under Sections 438/442/528 of BNSS, 2023, seeking interim custody/ zimma, of electronic item (Realme 11 PRO bearing IMEI 1 860605063159011 and IMEI 2 860605063159003). 3. The prayer for interim custody made before the learned Sessions Judge Sonitpur, was rejected vide order dated 20.06.2025, on the ground that it worked for further investigation as contended by the I.O. in the report. 4. In the meantime, the updated report was called for and the same is received and submitted by the learned Addl. P.P. Mr. P. Barthakur. 5. It is stated in the updated report dated 25.09.2025, that at this stage the interim custody of the same mobile phone can be given to the petitioner upon showing proper documents. 6. At the stage of investigation, when the impugned order was passed, it cannot be said that there was an infirmity in the said order of the learned Page No.# 3/3 Sessions Judge rejecting the prayer as the material was stated to be required for investigation. 7. However, in view of the subsequent developments, indicated in the updated report, the prayer of the petitioner can be allowed by invoking the inherent powers under Section 528 of the BNSS. 8. Accordingly, the interim custody of the said material object (mobile phone Realme 11 PRO bearing IMEI 1 860605063159011 and IMEI 2 860605063159003) shall be given to the petitioner upon verification of the documents regarding the ownership- subject to the condition that it shall be produced before the Trial Court, if it is necessary. 9. The report shall be kept in the case diary. 10. The criminal Revision Petitioner stands allowed and disposed of on the aforesaid terms. JUDGE Comparing Assistant