Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010268502024
2025:GAU-AS:1479
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./508/2024 FOKIR CHAND S/OLT. CHABIR UDDIN R/O VILL- JORDANGA BARMANPARA P.S. MANKACHAR, DIST.
SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:DIPAK KR. BORGOYARI INSPECTOR OFFICER-IN-CHARGE
MANKACHAR POLICE STATON
DIST. SOUTH SALMARA ASSAM PIN-783131 Advocate for the Petitioner : MR Z HUSSAIN, MR A K DAS,MR. RASHIDUL ISLAM Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 13.02.2025
1. Heard Mr. R. Islam, the learned counsel for the petitioner. Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor, appearing for the State of Assam.
2. It appears that by order dated 29.01.2025, this Court had called for the report, as regards whether the seized vehicle is required for the purpose of investigation or not.
3. The learned Additional Public Prosecutor has produced the report received from the Investigating Officer of the case.
4. It is stated in the report that the petitioner has appeared before the Investigating Officer and his statement has been recorded and it is further stated that the seized Bolero vehicle bearing Registration No. AS-34C-0502 is no longer required for the purpose of investigation.
5. It is also stated in the report that after proper verification, it was found that the present petitioner, Fokir Chand is the actual owner of the seized vehicle.
6. In view of the report produced by the learned Additional Public Prosecutor, this petition is treated as an application under Section 528 of the BNSS, 2023 and the Investigating Officer of the Mankachar P.S. Case No. 162/2024 is directed to give the Zimma of the aforesaid vehicle to the present petitioner, who is the actual owner of the vehicle on furnishing a bond of Rs. 7 lakhs with an undertaking to produce the vehicle before the Trail Court or any other Court, as and when so required.
7. With the above observations, this criminal petition is disposed of.
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8. The report furnished by the learned Additional Public Prosecutor, shall be kept as a part of the record.
JUDGE Comparing Assistant