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2025 DAILYLAW 22923 (GAU)

Smt. TBC Lalrinpuii v. The State of Mizoram and 5 Ors.

W.P.(Crl.)/5/2025 · 2025-07-24

Kaushik Goswami

body2025

Judgment text

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Page No.# 1/3 GAHC030004372025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/5/2025 Smt. TBC Lalrinpuii D/o Khuangchungnunga R/o Electric Veng, Khawzawl VERSUS The State of Mizoram and 5 Ors. R/b the Chief Secretary to the Govt. of Mizoram Aizawl2:The Commissioner and Secretary to the Govt. of Mizoram 3:The Director General of Police 4:The Superintendent of Police 5:The Officer-in-Charge 6:ASI Lalremfel Advocate for the Petitioner : Mr. Lalpianfela Chawngthu Advocate for the Respondent : P.P./Addl.PP, Mizoram for R1-R5 Page No.# 2/3 ORDER BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI 25.07.2025 Heard Mr. Lalpianfela Chawngthu, learned counsel appearing for the petitioner. Also heard Mrs. Vanneihsiami, learned Addl. Public Prosecutor, Mizoram appearing for the State respondents. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner, i.e., Smt. TBC Lalrinpuii is seeking release of the seized vehicle Truck (White) bearing Registration No. MZ-01J 2012, seized by the 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 12.04.2025 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, Mrs. Vanneihsiami, learned Addl. Public Prosecutor, Mizoram submitted that the instruction as received from the jurisdictional Police Station 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 have been filed before the jurisdictional Magistrate Court, for release of the said 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 Page No.# 3/3 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. JUDGE Comparing Assistant