Page No.# 1/4 GAHC030007032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./4/2024 Smt. Rotinmani D/o Sangpianga (L) R/o Zemabawk North Aizawl, Mizoram VERSUS The State of Mizoram and Anr. R/b Secretary, Home Department Govt. of Mizoram, MINECO Khatla, Aizawl, Mizoram 2:The District Magistra Advocate for the Petitioner : Mr. Lalrokunga Pautu Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 25-02-2025 Heard Mr. Lalrokunga Pautu, learned counsel for the petitioner along with Ms. Vanneihsiami, learned Addl. Public Prosecutor for the State respondents. 2. This is an application filed under Section 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for quashing or modification of the Order dated 23.08.2024 in Crl.Complaint No. 6/2023 under Section 188 IPC Page No.# 2/4 passed by the Chief Judicial Magistrate, Mamit wherein at para 21 of the order, the learned Chief Judicial Magistrate (CJM) had ordered the destruction of the seized articles while acquitting the petitioner from the charge leveled against her. 3. The learned counsel submits that the petitioner along with the co-accused Aimul Hussain was apprehended by Mamit Police on 21.02.2023 on an alleged violation of the Order dated 07.02.2023 issued by the District Magistrate, Mamit District, Mizoram wherein the said order was issued by invoking Section 144 of the CrPC against transportation of illegal goods and articles within Mamit. 4. The prosecution case was that on 22.02.2023, a written FIR was submitted by the SI of Mamit Police stating that on the night of 20.02.2023, he along with his party conducted special checking at highway junction at the outskirt of Mamit town and apprehended one truck bearing registration No. AS-11-EC-0274 driven by Aimul Hussain which was carrying about 150 bags of suspected Myanmar areca nuts. The articles were seized on the presence of civilian witnesses. The seized areca nuts were said to be kept in the pond of Lilypari of Zarkawt at Lengpui for preservation after which the same was attempted to be transported to Assam by using fake road challan. It was found that this was in violation of the prohibitory order under Section 144 of CrPC dated 07.02.2023 and Mamit PS Case No. 9/23 was registered under Section 188 of the IPC against the present petitioner and the Co-accused Aimul Hussain driver of the vehicle. The seized article was as many as 300 bags of areca nuts which was kept in the godown of Deputy Commissioner Complex, Mamit during the trial of the case. The seized vehicle bearing registration No. AS-11-EC-0274 was released to its rightful owner under Zimanama. The petitioner at the time of Page No.# 3/4 release of the said vehicle had submitted that she would file a fresh application for the release of the seized areca nuts at a later date. 5. The learned Trial Court after considering the evidence adduced in the Court, wherein, 5 (five) prosecution witnesses and 3 (three) defene witnesses were examined and after the examination of the accused persons under 313 CrPC, found that the prosecution has not being able to prove that the seized articles were procured from Myanmar. Accordingly, the Trial Court acquitted the accused persons/petitioner of the charge leveled against him. The learned Trial Court while acquitting the petitioner had directed that the seized areca nuts should be destroyed. Aggrieved by this direction for destruction of the seized areca nuts, the instant criminal revision petition has been filed. 6. The learned counsel for the petitioner submits that on the acquittal of the petitioner of the charge under Section 188 IPC, he prayed that the seized areca nuts should also be released to the custody of the petitioner. In support of his submissions, the learned counsel has relied on the judgments of the Coordinate Bench of this Court in WP(C) No. 7/2020 dated 17.07.2020, Criminal Petition No. 1226/2022 dated 13.06.2023 and Cus. Ref./1/2022, reported in 2023 SCC Online Gau 1967 and the judgment of the High Court of Meghalaya in WP(C) No. 192/2023 dated 27.06.2024, wherein, the seized areca nuts in the cited cases were released to the rightful owners. 7. Having heard the submissions made by the learned counsels for both the parties, this Court on considering the fact that the petitioner has been acquitted of the charge under Section 188 IPC on finding that the seized article which is 300 bags of areca nuts are not proved to be of foreign origin i.e., from Myanmar. It is also seen that the seized articles are at present kept in the Page No.# 4/4 godown of the Deputy Commissioner, Mamit. This Court finds that there is no reason why the said seized articles should be continued to be kept in the godown of the Deputy Commissioner after the acquittal of the petitioner of the charge under Section 188 IPC, since the goods are not found to be foreign origin nor are they contraband substances thus, this Court finds it fit to interfere with the judgment of the learned Chief Judicial Magistrate dated 23.08.2024 in Criminal Complaint No. 6/2023 under Section 188 IPC, only to the limited extent that instead the seized areca nuts being destroyed, they should be released to the petitioner after due verification. 8. Accordingly, Crl.Rev.P No. 4/2024 stands allowed and disposed of as above. JUDGE Comparing Assistant