Page No.# 1/4 GAHC030001612025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./3/2025 Sh. Lalnunnema S/o Rohmingthanga R/o Rangvamual, Aizawl - 796 009 VERSUS The State of Mizoram R/b the Secretary Home Department Govt. of Mizoram, Aizawl Advocate for the Petitioner : Mr Lalchhanliana Khiangte Advocate for the Respondent : Addl. AG/GA, Mizoram BEFORE HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 28.03.2025 This criminal revision petition under Section 438 read with Section 442 of the BNSS is filed for setting aside of the impugned order dated 27.02.2025 passed by the learned Judge, Special Court, ND&PS Act, Aizawl in Crl. Misc. Application No. 13/2025 arising out of Excise & Narcotic Case No. N-28 of 2025 under Section 21(b) of ND&PS Act, Page No.# 2/4 1985, thereby rejecting the Zimma application of the present petitioner/revisionist. 2. The contention of the learned counsel for the petitioner Mr. Lalchhanliana Khiangte is that he is the owner of the seized vehicle Grand i10 Asta (grey colour) bearing Registration No. MZ-01-P-1388 which was seized by the Narcotic Police personnel on 16.02.2025 in connection with Excise and Narcotic Case No. N-28/2025. 3. It is stated that the seized vehicle is being kept in the Excise Custody without maintenance and thereby irreparable damage would be caused to the said vehicle, if it is kept in the open in such a manner. It is also submitted by the petitioner that he has no involvement in the criminal case and he has also not been implicated in the case by the accused and he undertakes that if the vehicle is released on Zimma, he would produce the same as and when directed by the Hon’ble Court. 4. The petitioner has annexed a copy of the registration certificate of the seized vehicle at annexure 1 page 22 of the application wherein the name of the petitioner is shown as the owner of the seized vehicle. 5. The petitioner therefore prays that the seized vehicle may be released to him pending investigation and trial subject to conditions which this Court may impose and also prays that the impugned Order dated 27.02.2025 passed by the Special Court, ND&PS Act may be quashed and set aside. 6. Learned Addl. Public Prosecutor, Mrs. Mary L. Khiangte appears for the State respondent and she has stated that the records and the Page No.# 3/4 statements of the accused person do not show the involvement of the present petitioner till date and the investigation is ongoing. She has also obtained instructions from the I.O of case who has stated that he has no objection on the release of the vehicle provided conditions are imposed by the Court. 7. In view of the above facts and circumstances, this Court is inclined to allow the present Zimma application with the following conditions:- i) The petitioner shall execute a Zimma bond of Rs. 20,000/- (Rupees twenty thousand) only to the satisfaction of the I.O of the case. ii) The Vehicle shall not be disposed of or ownership transferred before the disposal of the case. iii) The petitioner shall not change the appearances or colour of the vehicle. iv) The petitioner shall produce the vehicle before the case I.O and the Court as and when required during the investigation or the Trial of the case. 8. The Order dated 27.02.2025 in Criminal Misc. Case No. 13/2025 arising out of Excise Case No. N-28/2025 is set aside. 9. With the above observations and conditions, the criminal revision petition stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant