Page No.# 1/2 GAHC010279882024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./1/2025 JAKIR HUSSAIN S/O MIRAJ ALI R/O VILL- GERUA ATI, GERUAATI BAZAR, P.S. SAMAGURI, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06-01-2025 Heard Ms. G. Borah, learned counsel appearing for the revisionist as well as Mr.DP Goswami, learned Additional Public Prosecutor for the State of Assam/respondent No. 2. 2. This is an application under Section 438 and 442 of the BHSS, 2023 praying for modification of the order dated 05.12.2024 passed by the learned JMFC, Hamren, West Karbi Page No.# 2/2 Anlong in connection with Baithalangso, P.S. Case No. 52/2024. 3. The learned Magistrate gave custody of the seized vehicle bearing registration No. AS- 01-LC-2194. The said petitioner was directed to gave a bank guarantee equal to the market value of the vehicle. 4. I have considered the submissions made by the learned counsel of both sides. 5. The impugned order shows that the petitioner will never take custody of his vehicle on such stringent condition. Such an act amounts to injustice. 6. Therefore, the said order stands modified. 7. The vehicle bearing registration No. AS-01-LC-2194 should be given in the custody of its registered owner. With the aforesaid direction, the revision petition stands disposed of. JUDGE Comparing Assistant