Page No.# 1/2 GAHC010269552024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1545/2024 ANUSREE TRADING AND EXIM PRIVATE LIMITED REGISTERED OFFICE AT GROUND FLOOR, C/O THEMILIA SHIMRAY, HOUSE NO. 549, PRUNABAZAR, DIMAPUR, NAGALAND, PIN-797112, REPRESENTED BY MR. PRABIR PAUL, AGE 38 YEARS, S/O BABUL PAUL, HOUSE NO. 1, PRAGATI PATH LAL GANESH, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.02.2025 Heard Ms. P. Borah, the learned counsel appearing for the petitioner and Mr. RR Kaushik, the learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 18.11.2024 passed by the Judicial Magistrate 1st Class, Bongaigaon, Assam in connection with Bongaigaon GRPS Case No. 89/2024. 3. 288 bags containing betel nuts were seized from the Railway wagon. The petitioner claimed to be the real owner with documents. The learned Magistrate verified those documents and found them to be genuine but the petition to grant custody of the said betel nuts was rejected only on the ground that there is a discrepancy pertaining to the number of bags seized and from the Railway wagaon. 4. Ms. Borah submits that according to the FIR, 288 bags containing betel nuts were seized but the Railway receipts show that 291 bags were seized. According to Ms. Borah, police only seized 280 numbers of bags, which are still in the possession of police. 5. I have considered the submissions made by the learned counsel of both sides. 6. The betel nut is a perishable commodity and as per the documents available, 280 bags containing betel nuts were seized. 7. It appears from the order dated 18.11.2024 passed by the Judicial Magistrate 1st Class, Bongaigaon, Assam that the learned Magistrate has erroneously arrived at a wrong finding. Therefore, the impugned order dated 18.11.2024 passed by the Judicial Magistrate 1st Class, Bongaigaon, Assam in connection with Bongaigaon GRPS Case No. 89/2024 is set aside. 8. Accordingly, the custody of 280 bags of seized betel nuts shall be given to the present petitioner after proper verification of all the documents and on his execution of a bond of ₹ 1,00,000/-. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant