Page No.# 1/3 GAHC010253212024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1487/2024 SADDAM HOSSAIN AND ANR S/O ABDUL LATIF SK. R/O VILL- KUMARGATI, PS. AND DIST. DHUBRI, ASSAM 2: ALOMGIR HOSSAIN S/O SEKENDAR ALI R/O VILL- JHASKAL PART-I P.S. AGOMANI DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:PRASANTA BRAHMA S/O LATE LOKENDRA NATH BRAHMA R/O LOKENDRA NATH BRAHMA R/O VILL- PUB BANGNABARI P.O. P.S MUSHALPUR DIST. BAKSA BTA Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 05.02.2025 Heard Mr. A. Rahman, the learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 praying for modification of the order dated 30.04.2024 passed in PRC No.293/2024 passed by the learned Judicial Magistrate First Class, Dhubri. 3. In a case registered under Section 13(1) of Assam Cattle Preservation Act, 2021 (hereinafter referred to as “the Act, 2021”), a motorcycle was seized. 4. The learned Magistrate allowed the prayer for custody of the said motor cycle on the condition that the registered owner of the motorcycle shall have to give a Bank Guarantee equal to the value of the motorcycle. 5. In some cases, on earlier occasions, this Court modified such orders because at that time the law laid down in the “the Act, 2021” was not placed before this Court. 6. Today, Mr. Kaushik has placed the law before this Court. Section 11(5) of the “the Act, 2021” states that the vehicle seized in such cases may be given in custody of its owner, if Bank Guarantee equal to the value of the vehicle is furnished by the said owner. 7. Under the given facts and circumstances of the case, this Court is of the opinion that the learned Magistrate had correctly passed the order and this order does not require any interference of this Court. Page No.# 3/3 8. Accordingly, the present criminal petition is found to be devoid of merit and stands dismissed and disposed of. JUDGE Comparing Assistant