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2025 DAILYLAW 26850 (GAU)

TAPAN BORAH ALIAS TARKIK BORA v. CENTRAL BUREAU OF INVESTIGATION

Crl.Pet./984/2025 · 2025-12-15

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010179602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./984/2025 TAPAN BORAH ALIAS TARKIK BORA S/O- ARUN KR. BORAH ,R/O- H.NO-21, NIRIBILI PATH, BYE LANE ANANDA PATH, GHORAMARA, P.S- BASISTHA, GUWAHATI, KAMRUP (M) GUWAHATI, ASSAM VERSUS CENTRAL BUREAU OF INVESTIGATION REP BY ITS SPECIAL PUBLIC PROSECUTOR Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI,MR G BOKALIAL Advocate for the Respondent : SC, CBI, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 16-12-2025 Heard Mr. S. Borthakur, learned counsel for the petitioner and also heard Ms. M. Kumari, learned Standing counsel appearing for the CBI. By the order passed on 15.12.2025, this Court had required the production of a report to indicate that the date on which the seized articles in issue were sent for FSL Page No.# 2/3 examination and the date on which the said articles were received by the Forensic Science Laboratory after being forwarded by the CBI. The matter was thereafter required to be listed today. Today Ms. M. Kumari, learned Standing counsel for the CBI has produced before the Court a communication address to her by which it has been submitted the images copies of the seized electronic devices have been received by the CBI from the FSL. It is further stated in the report that while the image copies of some of the devices have already been analysed, the analysis of the remaining devices is still pending. The report failed to show that which devices have been already analysis and which remained to be analysed. The report further prays for 15 days to enable the completion of the analysis of the remaining devices. This Court notices that the devices in issue in this criminal petition were seized on 12.09.2024 and on 14.09.2024 and the report of the CBI does not states as to whether the image copies of this devices have been analysed or not. In view of the part answer provided to the Court and also keeping in view length of the period for the which items remained under seizure and further the statement in the report that the images copies of all the devices have been received and are now being analysed, this Court directs the petitioner to approach the learned Trial Court after the period of 7 days from today and file an application for release of the seized goods under such terms and conditions as the learned Trial Court may deem it fit and proper to be imposed. On such application being made, the learned Trial Court shall release the aforesaid seized articles involved in this criminal petition namely, (i) One (1) nos. of drone from DJI company Model name Air 2S (DA2SUE1) along with three (3) nos. of battery with Charger P2C38 and Controller RC231, (ii) One (1) nos. of drone from DJI Mini 4 Pro Model name MT4MFVD along with three (3) nos. of battery with model no. BWX162- 3850-7.38 and charger CHX162-30 and Controller RC331, (iii) One (1) nos. of Hard Drive of LACIE, model no.NL6CB5DC along with an adapter (model no.ADS-25D-12 12018E), (iv) One (1) nos. of Hard Disk Drive Seagate 5 TB Serial No.NAE60VK9 with Page No.# 3/3 the case, (v) One (1) nos. of card reader Transcend Serial No. E27439-3752 with a 64 GB Memory Card of Scandisk (vi) One (1) nos. of Pan drive Cruzer Blade 16 GB, (vii) One (1) nos. of Samsung Flip mobile with charger model no.EPTA800, (viii) One (1) nos. of Apple Air Pod model no.2083, (ix) One (1) nos. of Apple Air Pod model no.2083, (x) One gold Chain with one Lord Ganesh pendant weighting 21.27gm, (xi) One gold Bracelet weighting 16.5gm, (xii) One iPhone 14 Pro Max, model no.MQ9T3ZP/A, Serial No.KQ6VWFO JYL which were seized in connection with RC Case No. 17(E)/2024/CBI/New Delhi to the owner of the seized articles on proper identification, under such terms and conditions as it may deem fit and proper. The CBI is at liberty to complete their analysis of the aforesaid articles, in the meantime. This criminal petition stands disposed of. A copy of the communication given by Ms. M. Kumari, learned Standing counsel for the CBI is kept on record and marked as Annexure-X. JUDGE Comparing Assistant