Page No.# 1/2 GAHC010203432024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1210/2024 SAIFUDDIN AHMED @ MD. SAIFUDDIN AHMED S/O FAIZUDDIN AHMED R/O BARPARA P.S. BOKO DIST.KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. S RANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.03.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the Order dated 01.09.2023 passed by the learned Page No.# 2/2 Special Judge, Udalguri in Special (N) Case No.05/2023. 3. On 31.01.2023, a vehicle bearing Regn. No.AS 01 BE 8399 (XUV-500) was found to be carrying large quantity of Ganja. The consignment was seized by Police and the vehicle was also seized. After investigation, the Charge-sheet was filed, where the name of the petitioner does not appear. He is the registered owner of the said seized vehicle. 4. When the application was filed before the learned Special Judge, Udalguri, seeking custody of the said vehicle, the said prayer was rejected only on the ground that a huge amount of Ganja was carried by the said vehicle. 5. Learned Additional Public Prosecutor submits that a report from the Investigating Officer is required to be called for. 6. I have considered the submissions made by learned counsel for both the sides. 7. This Court has decided to agree with Mr. Munnir, learned counsel for the petitioner that since the name of the petitioner, the registered owner of the said vehicle, does not appear in the Charge-sheet, the vehicle need not be kept/seized. Therefore the Investigating Officer of this Case is directed to give the custody of the seized vehicle bearing Regn. No.AS 01 BE 8399 (XUV-500) to its registered owner after verification of all the documents and on taking a bond of Rs.50,000/-. 8. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant