Page No.# 1/4 GAHC010272992024 2025:GAU-AS:2708 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1592/2024 MD. BABUL ALI S/O LATE AZID ALI PERMANENT RESIDENT OF VILL- BHATKHOWA DIYA PRESENT VILL- AGGUMI MAJGUMI P.S. CHAYGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : K RAHMAN, MR. SAIDUL ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.03.2025 1. Heard Mr. K. Rahman, the learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Md. Babul Ali, impugning the order dated 06.08.2024, passed by the learned Judicial Magistrate First Class, Morigaon in I.A. (Zimma No. 258/2024), whereby, the prayer for Zimma of the vehicle bearing Registration No. AS-01/BB-1637, which was seized in connection with the Dharamtul P.S. Case No. 08/2024, under Section 395 of the Indian Penal Code was rejected by the said Court. 3. The learned counsel for the petitioner has submitted that the petitioner is the registered owner of the vehicle bearing Registration No. AS-01/BB-1637 which was seized in connection with the said case. 4. In support of his submissions, he has produced a copy of the Registration Certificate of the said vehicle. 5. The learned counsel for the petitioner has submitted that his vehicle was seized on 18.02.2024, and since then, same is lying in the campus of the Police Station of Dharamtul Police Station under open sky. 6. The learned counsel for the petitioner has submitted that the vehicle is no longer required for the purpose of investigation of the trial, however, same is lying under open sky without any maintenance and as the petitioner is the registered owner of the vehicle, he may be granted the Zimma of the said vehicle, in view of the observations made by the Apex Court in the case of “Sunderbhai Ambalal Desai Vs. State of Gujarat” reported in “AIR 2003 SC 638.” 7. On the other hand, the learned Additional Public Prosecutor has submitted that a report was called for from the Investigating Officer, as to Page No.# 3/4 whether the vehicle in question is further required for the purpose of investigation. 8. However, in the meanwhile, charge sheet has already been submitted in the said case, vide C.S. No. 02/2025 dated 18.01.2025. 9. As the charge sheet has already been submitted, this Court is of the considered opinion that the further detention of the vehicle under open sky would be a futile exercise. If for the purpose of trial, the vehicle in question is required, the same may be ensured by imposing sufficient conditions on the owner of the vehicle, i.e. the petitioner. 10. In view of the above, the Officer-In-Charge of Dharamtul Police Station is hereby directed to grant the Zimma of the vehicle bearing Registration No. AS-01/BB-1637, was which was seized in connection with Dharamtul P.S. Case No. 08/2024, to the petitioner, namely, Md. Babul Ali, who is the registered owner of the said vehicle after verification of the documents to be produced by the petitioner before him. At the time of granting Zimma, the petitioner would be required to furnish a bond of Rs. 5,00,000/- (Rupees Five Lakhs only) with a condition that he shall not alienate the said vehicle without leave of the Court and shall not make any material alteration in the said vehicle without informing the Court. He shall also give an undertaking to produce the said vehicle before the Court in the trial as and when required by the Trial Court. The bond furnished by the petitioner before the Officer-In-Charge of Dharamtul Police Station shall be forwarded by the Officer-In-Charge to the Trial Court, to be annexed for annexing the same with the records of G.R. Case No. 168/2024. Page No.# 4/4 11. With the above observations, this criminal petition is disposed of. JUDGE Comparing Assistant