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2025 DAILYLAW 22256 (GAU)

MANOWAR HUSSAIN v. THE STATE OF ASSAM

Crl.Pet./1586/2024 · 2025-01-05

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010275002024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1586/2024 MANOWAR HUSSAIN S/O LATE JALIL AHMED VILL- BHERALDI, P.O. BHERALDI P.S. BARPETA, DIST. BARPETA, ASSAM PIN-781309. VERSUS THE STATE OF ASSAM REP.B Y THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025 Heard Mr. JC Gogoi, learned counsel appearing for the petitioner and Mr. D.Das, learned Additional Public Prosecutor for the state of Assam. 2. This is an application under Section 528 of the BNSS, 2023 praying for custody of a Page No.# 2/2 truck bearing registration No. AS-15-AC-9256, which was seized in connection with Mayong P.S. case No. 134/2024. 3. The truck was found loaded with 26 numbers of cattle. Police registered the case under the provisions of Prevention of Cruelty to Animal Act and Assam Cattle Prevention Act. 4. The petitioner approached the trial court seeking custody of the vehicle. The court below refused the prayer of the petitioner. 5. I have considered the submissions made by the learned counsels of both sides. 6. This Court is of the opinion that keeping the vehicle in police custody will not serve any purpose in this case. Therefore, the police authority is directed to handover the custody of the said vehicle bearing registration No. AS-15-AC-9256 to its registered owner after verification of all necessary documents and after taking a bond of Rs. 50,000/-. 7. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant