Page No.# 1/3 GAHC010217992025 2025:GAU-AS:16913 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6078/2025 OHAB ALI ALIAS OHAB KHAN S/O NABBES KHAN,R/O GANAKPARA, CHENGA,DISTRICT BARPETA, ASSAM,PIN 781305 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THECOMMISSIONER AND SECRETARY TO THEGOVERNMENT OF ASSAM, HOMEDEPARTMENT, DISPUR, GUWAHATI 781006 2:THE CO DISTRICT COMMISSIONER DISPUR CO-DISTRICT P.S DISPUR GUWAHATI 781006 DISTRICT KAMRUP M ASSAM 3:THE DEPUTY COMMISSIONER OF POLICE GUWAHATI EAST POLICE STATION GUWAHATI 781006 DISTRICT KAMRUP M ASSAM. 4:THE ASSISTANT COMMISSIONER OF POLICE GUWAHATI EAST POLICE STATION GUWAHATI-781006 DISTRICT KAMRUP M ASSAM. 5:THE OFFICER IN CHARGE BASISTHA POLICE STATION Page No.# 2/3 BASISTHA GUWAHATI DISTRICT KAMRUP M ASSA For the Petitioner(s) : None appears For the Respondent(s) : Mr. K. Gogoi, Addl. Sr. Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 08.12.2025 None appears on behalf of the petitioner on call. 2. Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the State respondents. 3. The petitioner herein is aggrieved by the order dated 02.08.2025 whereby the Co-District Commissioner, Dispur Co- District confiscated various items under Section 6A of the Essential Commodities Act, 1955. It is seen that the petitioner thereupon approached the learned Court of the Judicial Magistrate First Class, Kamrup(M) seeking Zimma. However, the learned Court of the Judicial Magistrate First Class, Kamrup(M) rejected the said application. 4. It is the opinion of this Court that if the petitioner is aggrieved by the said order, recourse is available under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Page No.# 3/3 5. Under such circumstances, it is therefore the opinion of this Court that this is not a fit case for entertaining the instant writ petition under Article 226 of the Constitution of India. 6. Accordingly, the instant writ petition stands dismissed. 7. However, the dismissal of the instant writ petition shall not preclude or prejudice the petitioner from approaching the appropriate forum. JUDGE Comparing Assistant