Page No.# 1/4 GAHC010210722025 2025:GAU-AS:12861 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1153/2025 SRI RUPJYOTI BARMAN C/O KANDARPA BARMAN RESIDENT OF HOUSE NO. 5, BYELANE PRANGANGA PATH, GANESHNAGAR, BASISTHA, GUWAHATI, DISTRICT KAMRUP (M), ASSAM, PIN 781029 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. Z H BORA, S L QADER,MR SAURADEEP DEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 17.09.2025 1. Heard Mr. S. Dey, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Sri Rupjyoti Barman, impugning the order dated 29.08.2025, passed by the learned Judicial Magistrate First Class No. 5, Kamrup (M), Assam whereby, the prayer for zimma of the vehicle which was seized in connection with Basistha P.S. Case No. 406/2025 was rejected. 3. The learned counsel for the petitioner has submitted that the petitioner is the registered owner of the TATA Nexon vehicle bearing Registration No. AS-01-FV-9637 which was seized in connection with the aforesaid case. 4. To support his contention regarding the ownership of the vehicle, the petitioner has produced the registration certificate of the said vehicle, which is in the name of the present petitioner. 5. The learned counsel for the petitioner has further submitted that the petitioner has let out his vehicle to a firm, namely, M/s Aarohy by entering into a deed of agreement on 18th June, 2025. 6. He further submits that the said firm, namely, M/s Aarohy had rented the said vehicle to one person, namely, Jabed Ansari with whom the possession of the vehicle was at the time of commission of the alleged offence. 7. He further submits that when the vehicle was intercepted and seized in this case, two other persons, namely, Nashib Ahmed and Mohidul Ali were found in the said vehicle. Page No.# 3/4 8. He further submits that the Trial Court by rejecting the prayer for zimma had erred in stating the reason for the rejection that the ownership of the said vehicle, was not yet ascertained by the Investigating Officer. 9. He submits that at the time of filing the Zimma petition, a Registration Certificate was produced before the learned Magistrate, which was not considered by the learned Magistrate. 10. I have considered the submissions made by the learned counsel for both sides. 11. The Apex Court in the case of “Sunderbhai Ambalal Desai Vs. State of Gujarat” reported in (2002)10SCC 219 has observed that after the vehicle has been seized in a case it is of no use to keep such seized vehicle at police station for long period and it is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicle if required at any point of time. 12. In the instant case, it is not a case that the vehicle has not been claimed by any one. Though the petitioner did not approach the Investigating Officer at the first instance and had approached the Trial Court seeking zimma, however, that in itself cannot be a bar for granting zimma of the vehicle seized in a case to its owner if he undertakes to produce the said vehicle as and when so required for the purpose of neither investigation nor trial. 13. In view of the above discussions, the impugned order dated 29.08.2025 passed by the learned Judicial Magistrate First Class No. 5, Page No.# 4/4 Kamrup (M), Assam is hereby set aside. 14. The Investigating Officer of the Basistha P.S. Case No. 406/2025 is directed to give the zimma of the aforementioned vehicle to the petitioner on furnishing a bond of Rs. 10,00,000/-(Rupees Ten Lakhs only) with a condition to produce the vehicle as and when so required for the purpose of investigation or the trial. At the time of giving the zimma of the vehicle, the Investigating Officer shall prepare an inventory on the vehicle and also take photographs of the vehicle from various angles and after the zimma submit the Zimanama, along with the inventory and photographs to the Trial Court, so that same may be kept in the record of Basistha P.S. Case No. 406/2025. 15. With the above observations, this criminal petition is accordingly disposed of. JUDGE Comparing Assistant