Page No.# 1/4 GAHC010006642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./21/2025 OSMAN GONI S/O AMJAD ALI VILL- ROWMARI P.O. GOALPARA DIST. GOALPARA ASSAM PIN- 783129 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR R A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.04.2025 1. Heard learned counsel Mr. N.J.Dutta for the petitioner and learned Addl.Public Prosecutor Mr. K.Baishya for the State respondent. Page No.# 2/4 2. The petitioner Osman Goni has filed this criminal revision petition under Section 438/442 r/w Section 528 of the BNSS, 2023 challenging the order dated 11.12.2024 passed in connection with Petition No. 5809/2024 in connection with Goalpara PS Case No. 139/2024 for custody of 21 drums of petroleum products and the truck seized. An FIR was lodged with the police at Goalpara P.S. contending inter-alia that on 17.10.2024 at about 7.30 pm, during a Naka checking, the informant along with police staff halted one truck bearing registration No.AS28C-9878 Ultra T7. The truck was proceeding from Bongaigaon towards Goalpara. After checking the truck, 21 drums of suspected petroleum products were found in the truck and after interrogation of the owner of the truck, Hanif Ali and the driver of the truck Abdul Kalam, it was unearthed that the petitioner has committed theft of 21 drums of suspected petroleum product from an unknown place and he sent the drums to one Robiul Islam’s house to sell the drums illegally without any valid documents and verification. Both the driver and the owner of the truck were apprehended and the petroleum products were seized. It is alleged that the petitioner and the other co-accused have been running this illegal business through fake challans. Vide seizure list marked as Annexure-2 of the petition, the loaded drums were seized in connection with this case along with tax invoice and bills of the consignment. The truck bearing registration No. AS28C-9878 was also seized in connection with this case. On 11.12.2024, learned SDJM (S) Goalpara has dismissed the petition with prayer of zimma of the articles in this case i.e. 21 drums as well as the aforementioned vehicle. It was also observed by the learned Magistrate that the I.O. report reveals that the vehicle seized in connection with this case was used for commission of offence to illegally transport suspected petroleum products. Page No.# 3/4 3. It is submitted that the petitioner is a registered owner of truck bearing registration No. AS28C-9878 Ultra T7 and he has valid documents of the vehicle which was detained in connection with Goalpara PS Case No. 139/2024. The learned CJM, Goalpara vide impugned order dated 11.12.2024 has erroneously rejected the prayer for zimma of the vehicle on the ground that the forensic report of the suspected petroleum product has not been received and the seized vehicle and petroleum product is required for further investigation. It is submitted that the order is bad in law as the learned Court has failed to apply its judicious mind and thus the order is liable to be set aside and quashed. It was pre-empted while passing the order that the vehicle may be used again for illegal transportation of petroleum products. It has been erroneously observed by the learned CJM that as the vehicle was attached under Section 23 of the Petroleum Act, zimma cannot be handed over to the petitioner. 4. It is further submitted that there is no bar in handing over zimma of the seized vehicle if any indemnity bond is executed by the owner of the vehicle. The vehicle was purchased by obtaining a loan which is causing heavy financial loss to the petitioner as the vehicle is his income source. The vehicle is getting damaged as it is lying in the open since the day it was seized i.e. on 17.10.2024. 5. The learned Addl.Public Prosecutor has raised serious objection and has stated that the Case Diary clearly reveals that the vehicle was transporting petroleum with the aid of fake challans. Case Diary also reveals that investigation is still under progress. 6. It is also submitted on behalf of petitioner that the petitioner is the registered owner of the vehicle and he has annexed his Registration Certificate which is marked as Annexure- 3 series of the petition. It is also submitted that the Directorate of Forensic Science is not the proper forum to test petroleum Page No.# 4/4 product. 7. Although the Directorate of Forensic Science is not authorised to examine petroleum product, yet the report is awaited and investigation is still under progress. For a prolonged period the vehicle is lying in the open. It is getting damaged. 8. At this juncture, I deem it proper to set aside the impugned order dated 11.12.2024 in connection with Goalpara PS Case No. 139/2021 granting a liberty to the petitioner to file afresh petition for zimma of the aforementioned vehicle which may be considered in accordance with law. 9. In terms of the above observations, the criminal revision petition stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant