Page No.# 1/3 GAHC010001952025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./14/2025 BAHARUL ISLAM S/O SHARAFOT ALI R/O MORISHUTI PAM P.O. KURANIBOR, MORIGAON, ASSAM, PIN-782411 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : M. HOSSAIN, MS. A SULTANA,MR. ABU LAISE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 02.06.2025 1. Heard Mr. M. Hossain learned counsel for the petitioner Baharul Islam who has filed this application under Section 438/442 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, read with Article 227 of the Constitution of India challenging the order dated 23.12.2024 passed by the Page No.# 2/3 learned Chief Judicial Magistrate, Morigaon in connection with I.A. Zimma petition No. 415/2024 rejecting the prayer of the petitioner for Zimma of the vehicle seized in connection with Jagiroad P.S. Case No. 139/2024 under Sections 61(2)/303(2) of the BNS read with Section 11(1)(a)(b) of the Prevention Animal to Cruelty Act, 2021. 2. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State who has raised objection stating that there are incriminating materials in the Case Diary against the petitioner and the vehicle bearing registration No. AS-01-RC-6855 has been seized in connection with this case with several number plates. It is submitted that the petitioner was deeply involved in smuggling cattle and manipulating number plates of the vehicle. 3. I have considered the submissions at the Bar with circumspection. 4. It is submitted on behalf of the petitioner that being the registered owner, he was not aware of the activities of smuggling of cattle by using his vehicle. 5. I have scrutinized the report forwarded by the Investigating Officer. At this juncture, it appears that there is no illegality or impropriety of the order passed by the learned Chief Judicial Magistrate, Morigaon and impugned by the petitioner. Investigation is still under progress. 6. In the wake of foregoing discussions, I am not inclined to grant Zimma of the vehicle at this stage. 7. Send back the Case Diary. 8. Report of the Investigating Officer is kept with the record. 9. In terms of the above observation, this petition stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant