Page No.# 1/3 GAHC030003872025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/4/2025 Sh. Jessy TBC Lalthanzuala S/o TBC Lalrinmawia R/o Chawlhhmun, Aizawl Mizoram VERSUS State of Mizoram and 2 Ors. R/b Chief Secretary to the Govt. of Mizoram 2:The Secretary/Commissioner to the Govt. of Mizoram Home Department MINECO Aizawl 3:Sh. Lalnunzira Officer-in-Charge Saitual Police Station R/b The Director of General of Police Police Headquarters (PHQ) Khatla Aizawl Mizora Advocate for the Petitioner : Mrs. Esther H. Vanlalhriati Advocate for the Respondent : P.P./Addl.PP, Mizoram for R1 & R2 Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 18.07.2025 Heard Ms. Esther H. Vanlalhriati, learned counsel appearing for the petitioner. Also heard Ms. Vanneihsiami, learned Addl. Public Prosecutor, Mizoram for the State respondents. 2. By way of this application under Article No. 226 of the Constitution of India, the petitioner, i.e., Shri Jessy TBC Lalthanzuala is seeking release of the seized vehicle Ashok Leyland BS IV bearing Registration No. MZ 04 A0480, seized by police personnel i.e., Officer In-Charge, Saitual Police Station. 3. It is the specific case of the petitioner that the subject vehicle of the writ petitioner has been wrongfully seized on 13.04.2025, along with keys and documents, by the jurisdictional police station, and no case has also been registered. 4. Upon a pointed query being put to the learned Addl. Public Prosecutor for the State respondents, Ms. Vanneihsiami, learned Addl. Public Prosecutor, Mizoram, produces the documents received from the jurisdictional Police Station, a perusal of which indicates that the vehicle after being seized was produced before the Chief Judicial Magistrate, Aizawl District Court, Aizawl. 5. That being so, appropriate application ought to be have been filed before the learned jurisdictional Magistrate Court, for release Page No.# 3/3 of the subject vehicle. 6. In view of the aforesaid, this Court in the interest of justice, deems appropriate to dispose of the instant Writ Petition by directing the petitioner to approach the appropriate Court with an appropriate application and upon such application being filed, the Court shall consider the same in accordance with law. 7. Ordered accordingly. 8. As such, in view of the aforesaid observation, the Writ Petition stands disposed of. 9. A copy of the letter dated 21.05.2025, 20.06.2025 and the search and seizure form produced by Ms. Vanneihsiami, learned Addl. Public Prosecutor, Mizoram, is kept on record and marked as ‘X’ series. JUDGE Comparing Assistant