Page No.# 1/3 GAHC010189982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1082/2025 FAJAR ALI SON OF LATE PALTAN ALI VILL- JORSHIMULI P.S. CHHAYGAON, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SAURAJIT BARUAH S/O CHANDRESWAR BARUAH R/O NAMATI MORANKARI HANDIQUE NAMATI CHARIALI P.S. SIBSAGAR DIST. SIBSAGAR ASSA Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 11.03.2026 Heard Mr. A. Paramanik, the learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 16.07.2025 passed by the learned Judicial Magistrate First Class, Kamrup(M), Guwahati in Basistha P.S. Case No.124/2025 under Sections 331(4)/305(a) of BNS, 2023. 3. One VIVO Y81 mobile phone, a cash amount of ₹2,50,000/- and some ornaments were seized in this case. The petitioner filed an application before the court of the learned Magistrate. The prayer of the petitioner was rejected on the ground that the petitioner could not submit any relevant documents in support of his claim that he is the owner of those seized items. 4. Mr. Paramanik has submitted that in this case, police has filed the charge sheet and the trial is now going on. 5. I have considered the submissions made by the learned counsel for both sides. 6. This Court is of the opinion that keeping those articles in custody would not serve any purpose. Therefore, the petition is allowed. 7. The VIVO Y81 mobile phone with IMEI No.865470048574114, 865470048574106 and cash amount of ₹2,50,000/- shall be given in custody to the present petitioner Fajar Ali on verification of relevant documents after taking bond of ₹200,000/- (rupees two lacs). Page No.# 3/3 With the aforesaid direction, the present criminal petition is disposed of. JUDGE Comparing Assistant