Page No.# 1/4 GAHC030006182025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./29/2025 Sh. Nazrul Islam Laskar S/o Amir Uddin Laskar R/o Dolchara, Hailakandi District, Assam VERSUS State of Mizoram and Anr. R/b the Secretary/Commissioner Excise and Narcotics Department Government of Mizoram 2:The Officer-in-Charge Anti-Narcotics Squad Commissionerate of Excise and Narcotic Advocate for the Petitioner : Mr. J H Ramneihmawia Advocate for the Respondent : P.P./Addl.PP, Mizoram for R1 & R2 BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 01.12.2025 Heard Mr. J. H. Ramneihmawia, learned counsel appearing for the petitioner. Also heard Mrs. Vanneihsiami, learned Additional Public Prosecutor, appearing for the State respondents. Page No.# 2/4 2. By filing this application under Section 528 of the BNSS, the petitioner is seeking reduction of the zimmanama bond to be executed vide order dated 01.08.2025, passed by the learned Judge, Special Court, ND&PS Act, 1985, Aizawl, Mizoram (hereinafter referred to as the “trial court”). 3. It appears that since the vehicle (Tata 1816 LPT) brick red colour, bearing registration No. AS 28 AC 1618, vehicle documents and ignition key were seized by the Anti-Narcotics Squad in connection with Excise Case No. EX-N 263/23, dtd. 28.09.2023, under Section 21 (C) of the ND&PS Act, 1985, the petitioner approached this court by filing Criminal Petition No. 29/2025 for the release of his seized vehicle. 4. This court, by order dated 24.07.2025 in Crl.Pet. No. 24/2025, was pleased to direct the release of the said vehicle, vehicle documents, and the ignition key to the petitioner on his proper identification and on verification of all the relevant documents relating to the said vehicle and after furnishing a zimmanama bond equivalent to the market value of the seized vehicle with the further condition that the petitioner shall not alienate the said vehicle and produce it before the trial court whenever it is required during the course of the trial. Thereafter, the petitioner, by filing S.R. No. 111/2024 before the learned trial court sought release of the said vehicle, and the learned trial court, by order dated 01.08.2025, upon proper identification and verification of all the relevant documents, directed the applicant to a execute zimmanama bond of Rs. 15,00,000/- (rupees fifteen lakh), which is equivalent to the market value of the said vehicle. Page No.# 3/4 5. Mr. J. H. Ramneihmawia, learned counsel appearing for the petitioner, submits that the petitioner is unable to satisfy the zimmanama bond, as he purchased the said motor vehicle on loan and is still under financial obligation to repay the remaining loan amount and is currently going through severe financial hardship and does not have any source of income at this point. He further submits that the said seized motor vehicle is the primary means of livelihood and is essential for daily sustenance and income generation of the petitioner. He further submits that without access to the said vehicle, the petitioner is unable to earn and is further restricted in his ability to repay the outstanding loan amount. 6. Mrs. Vanneihsiami, learned Additional Public Prosecutor, submits that the seized vehicle cannot be returned unless and until an appropriate zimmanama bond is executed by the petitioner. 7. Having heard the learned counsel for the parties and having perused the material available on record, including the grounds urged for inability of the petitioner to execute the zimmanama bond, and upon observing that no prayer for reduction of the zimmanama bond was made by the petitioner before the trial court, this court in the interest of justice deems appropriate to dispose of this criminal petition by giving liberty to the petitioner to file appropriate application before the trial court seeking reduction of the zimmanama bond amount, and upon such application being filed, the trial court shall do the needful in accordance with law within a period of 2 (two) weeks from receipt of such application, in terms of the earlier order passed by this court on 24.07.2025 in Crl.Pet No. 24/2025. Page No.# 4/4 8. Ordered accordingly. 9. It is further clarified that the trial court, while considering the said application seeking reduction of the zimmanama bond amount, shall be at liberty to take an appropriate bond and guarantee for the return of the said vehicle, if required by the court at any point of time, upon independent application of mind on the grounds stated and urged in the said application. 10. The criminal petition is accordingly disposed of. JUDGE Comparing Assistant