Page No.# 1/3 GAHC010240002024 2025:GAU-AS:642 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1383/2024 SAHIL MALLIK @ MALIK S/O ILIYAS MALIK R/O ISLAM NAGAR, P.S. LOHIA NAGAR, DIST. MEERUT, UTTAR PRADESH. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S ISLAM, S RAHMAN,MR. R ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 22.01.2025 Heard Mr. S. Islam, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. In this petition, under Section 528 of the B.N.S.S., read with Sections 438/443 of the B.N.S.S., the petitioner has prayed for issuing direction to the I.O. to grant zimma of his vehicle, bearing registration No. UP-15-EH-0233, seized in connection with Hatigaon P.S. Case No. 192/2024, under Section 303(2) of the B.N.S. Page No.# 2/3 3. Mr. Islam, learned counsel for the petitioner submits that the petitioner has filed one petition, being Zimma Petition No. 5964/2024, before the learned Judicial Magistrate First Class, Kamrup (M) at Guwahati, seeking custody of the aforesaid vehicle. But, the same was dismissed by the learned trial court, vide order dated 04.11.2024. Mr. Islam further submits that the investigation of the case has already been completed and the I.O. has submitted charge sheet before the learned trial court, being C.S. No. 150/2024, dated 31.10.2024. Mr. Islam also submits that the vehicle is no longer required in the interest of investigation and as such, the same may be released in the interim custody of the petitioner. 4. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has produced one report received from the Officer In-Charge of Hatigaon P.S. dated 21.01.2025 and submits that in view of the aforementioned report, the vehicle is no longer required in the interest of investigation. Mr. Sarma further submits that after completion of investigation, the I.O. has submitted charge sheet before the learned trial court. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record. 6. It appears that the vehicle of the petitioner, bearing registration No. UP- 15-EH-0233, was seized by the I.O. on 29.08.2024, in connection with Hatigaon P.S. Case No. 192/2024, under Section 303(2) of the B.N.S. Further, it appears from the report received from the Officer In-Charge of Hatigaon P.S. that the investigation is completed and the charge sheet, being C.S. No. 150/2024, dated 31.10.2024, has been submitted by the I.O. before the learned trial court and the vehicle is no longer required for the purpose of investigation. 7. Under the aforementioned facts and circumstances, this court is inclined to allow this petition. It is provided that on furnishing an indemnity bond of Rs. 12,58,845/- to the satisfaction of the learned trial court, the custody of the aforesaid Page No.# 3/3 vehicle along with the registration certificate of the vehicle be given to the registered owner of the vehicle, subject to the following conditions:- (i) The petitioner shall produce the vehicle before the learned trial court as and when directed and (ii) The petitioner shall not alienate or change the colour of the veh0icle without permission of the learned trial court. 8. In terms of above, this criminal petition stands disposed of. JUDGE Comparing Assistant