Page No.# 1/4 GAHC040006162025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./76/2025 Rajen Brahma Son of Shri Holi Ram Brahma, resident of Village Basbaari, PO Basbaari, PS Kajigaon, Kokrajhar District, Assam and presently resident of AIR Colony Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Pritam Taffo, Tana Rini,Minter Karbak,Eho Menjo,V Mandal Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 16-05-2025 Heard Mr. P. Taffo, learned counsel for the petitioner and Ms. L. Hage, learned Additional Public Prosecutor for the State. 2. The case of the petitioner is that he is the registered owner of the vehicle Tata Nexon Car, bearing registration No. AR-01-Q-0633. The said vehicle along with key and RC Book were seized by the Naharlagun police in connection with Naharlagun P.S. Case No. 110/2024, under Sections 21(b)/27 of the NDPS Act Page No.# 2/4 on 15.09.2024. 3. The further case of the petitioner is that he filed a zimma application before the Court of the Special Judge NDPS, Yupia, for release of the vehicle on zimma, however, the same has been rejected on 08.01.2025. 4. Aggrieved by the rejection order dated 08.01.2025, the petitioner has filed the present petition under Section 528 of the BNSS, 2023, challenging the rejection order and prays for release of the vehicle. 5. The learned counsel for the petitioner, Mr. Taffo, submits that vehicle was seized on 15.09.2024 and since then, the said vehicle is kept in the Police Station and exposed to the sun and rain, and due to such exposure, there is every possibility of natural decay of the vehicle and damage by non-user of the vehicle. He further submits that since the accused in the case has already been released on 19.11.2024, therefore, keeping the vehicle inside the police station will not serve any useful purpose. The petitioner/owner is ready to produce the seized vehicle as and when required by the Police or the Court. Therefore, Mr. Taffo, learned counsel for the petitioner prays for release of the vehicle on zimma. 6. Ms. L. Hage, learned Additional Public Prosecutor for the State fairly submits that although the vehicle has been seized in connection with the Naharlagun P.S. Case No. 110/2024, under Sections 21(b)/27 of the NDPS Act, however, since the vehicle has been kept outside the Police Station, exposed to sun and rain, it is likely to get damaged. Therefore, as the law provided, she has no objection if the vehicle is release, however, subject to the strict condition imposed upon the owner of the vehicle to ensure that the vehicle is produced before the trial court as and when necessary. Page No.# 3/4 7. On perusal of the record, it appears that the petitioner is the registered owner of the vehicle. 8. I have also perused the order dated 08.01.2025, passed by the learned Special Judge, POCSO Act, Yupia in IA (Crl.) No.362/24 in NLG PS Case No.110/2024 rejecting the zimma application. 9. It is the settle principle of law that when any vehicle is seized in commission of offence, it need to be disposed off by way of zimma to the registered owner of the vehicle. Besides, I am of the opinion that vehicle itself cannot commit an offence, it is the man behind the steering who is responsible for commission of offence by using the vehicle. And since in this case, the accused/registered owner who was driving the vehicle at the time of commission of the alleged offence is already been enlarged on bail and the vehicle has been under the custody of the police for more than 9 months, I do not see any reason to keep the vehicle further in the police custody. 10. Upon consideration of submission made by learned counsel for the petitioner as well as by the learned Addl. PP and also considering the provision of law, this Court is of the opinion that there is no impediment to release the vehicle, Tata Nexon Car, bearing registration No. AR-01-Q-0633 along with key and RC Book on Zimma in favour of the petitioner who is the registered owner on execution of bond, with the following condition: (i) That the registered owner shall produce the vehicle as and when necessary for the trial of the case; (ii) That the registered owner shall not sell or transfer the vehicle during the pendency of this case. (iii) That the registered owner will not change the No. or colour and shape of Page No.# 4/4 the vehicle. (iv) that before release, the vehicle shall be properly photographed to be kept with the record of the case and also prepare detail Panchnama. 11. The Special Judge, NDPS, Yupia is directed to pass necessary order directing the Naharlagun Police Station to release the vehicle on Zimma to the registered owner in the light of the above order. 12. With the above order and direction, the petition is allowed and disposed of. JUDGE Comparing Assistant