Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010243412025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./468/2025 NAZIRUL HAQUE S/O HASEN ALI VILL- MORNOI GAON, P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE UNION OF INDIA, REPRESENTED BY THE SC, CUSTOMS. Advocate for the Petitioner : MR F HAQUE, M ISLAM,MR N ISLAM Advocate for the Respondent : SC, CUSTOMS,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 03.12.2025
Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam.
2. This is an application challenging the order dated 14.08. 2025 passed by the learned Sessions/
Page No.# 2/2 Special Judge Silchar, Cachar in Deptt. Case No. 08/CL/IMP/ SIL/ PREV/2024-2025, U/S Sec 7 (C) punishable under Section 135 of Customs Act, 1962, R/W Section 178/179/180 of BNS 2023, whereby, prayer for zimma of the vehicle bearing registration No. AS-12W-4111 sought by the present petitioner as a registered owner was rejected.
3. Learned Counsel representing the Custom Department fairly submits that the petitioner is the registered owner of the vehicle and the same may be released to him by imposing strict conditions. Having regard to the above the impugned order dated 14.08.2025 passed by the Special Judge Silchar, Cachar is hereby set aside and it is directed that the zimma of the vehicle be granted to the petitioner upon execution of a bond for Rs. 30,00,000/- on the following conditions: (i) Petitioner shall not dispose of/sell the vehicle during the pendency of the trial. (ii) The color and get up of the vehicle shall not be changed in any manner. (iii) The petitioner shall produce the vehicle as and when required by the I.O. or subsequently at the trial if so required.
4. However, petitioner is permitted to carry out the necessary repairs of the vehicle if so needed. With the above observations the Criminal revision petition is disposed of.
JUDGE Comparing Assistant