Page No.# 1/4 GAHC010277162025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1590/2025 PRASENJIT ROY S/O NANI GOPAL ROY PERMANENT RESIDENT OF VILL- O.M. COLONY,P.O. CHAKMAGHAT, KRISHNAPUR DIST. KHOWAL, TRIPURA PRESENT ADDRESS- SHANTINAGAR, TELIAMURA, WARD NO. 7, P.S. TELIAMURA DIST. KHOWAL, TRIPURA, PIN-799205. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 16.02.2026 Heard Mr. HR Choudhury, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor, State of Assam. Page No.# 2/4 The present petition filed under Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita is for the custody of the vehicle seized in connection with special AN (135) of 2024 arising out of Bazarichara PS Case No. 211 of 2024 pending in the Court of Special Judge, Sribhumi. The petitioner has also challenged the order dated 20.11.2025 by which the custody application was rejected. The case started with a lodging of the FIR which reveals that on 24.12.2024 the vehicle in question was intercepted by the police of Bazarichara P.S. and during this search of the said vehicle, a green colour gunny bag was recovered from the secret chamber in the engine box in drivers cabin and on further search being made 1,50,000/- YABA tablets were recovered from the said vehicle. In connection with the said case, the driver of the said vehicle and the owner of the vehicle were arrested. Mr. H.R. Choudhury, learned Counsel for the petitioner submits that both the driver and the owner were granted bail and that the owner who is the petitioner here has no connection whatsover with the contrabands found in the said vehicle. He submits that the vehicle which was seized on 24.12.2024 is lying in the police station for more than a year and the said vehicle was being destroyed as it was kept in an open area in the compound of the Police Station and as such has prayed that the same may be released on custody to the owner of the vehicle i.e. the petitioner. Mr. M.P. Goswami, learned Additional Public Prosecutor, State of Assam on perusal of the case records have submitted that the petitioner is well acquainted with the fact that the contrabands are being carried in Page No.# 3/4 his vehicle and that the investigation revealed that the petitioner was in constant touch with the driver during the said transportation and there are witnesses who had stated that the owner knew about carrying of the contrabands in his vehicle and as such he prays that since there is a bar that if the owner knows or has the knowledge that contrabands are present in his vehicle the same would go against the owner of the said vehicle. Mr. M.P. Goswami, learned Additional Public Prosecutor, State of Assam has relied on an judgment of Bishwajit Dey Vs. State of Assam reported in 2010 SCC 283 to substantiate this argument. I have heard the learned counsel and also gone through the records. It is noticed that the vehicle was seized on 24.12.2024 and during the seizure, the driver was present in the vehicle. It is also a settled position of law, more so in Sunderlal Ambalal Vs. State of Gujarat reported in 2010 SCC 283, the Hon’ble Apex Court had observed in clear terms that vehicles seized in connection with NDPS case may also be released to the owner of the said vehicle with the condition that proper panchanama is taken, proper photographs are taken as well bond and with the further condition that the owner will present the vehicle during the hearing of the case as and when required. In the present case, it is seen that the petitioner is the owner of the vehicle which the petitioner has stated that in paragraph no. 3 of the petition and trial court has also observed in paragraph 1 of its order that the vehicle is registered in the name of the petitioner. As such, this Court deems it fit that the custody of the said vehicle i.e. the truck bearing registration no. NLAD1696 be given to the petitioner upon further Page No.# 4/4 verification of the ownership, as well as by verifying and following the restrictions imposed by the Apex Court as mentioned above. Petition is disposed of. JUDGE Comparing Assistant