Page No.# 1/4 GAHC010007002025 2025:GAU-AS:4944 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./52/2025 HARSING KRO S/O SARPO KRO VILL- NONGTHAM GAON P.O. BOITHALANGSO P.S. BOITHALANGSO DIST. WEST KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, MR. O ULLAH,I AMIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 24-04-2025 Heard Mr. M. H. Ahmed, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam, for the State. 2. It is submitted by the petitioner that he is the registered owner of the Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, Chassis No.MA1ZN2TNKM5B14047, Engine No.TNM4A82480. His said Bolero vehicle was seized in connection with Baithalangso P.S. Case No.55/2024, under Sections 303(2)/317(2) BNS, read with Section 13(1) of the Assam Cattle Preservation Act, 2021 and read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 as 10 numbers of cattle were recovered from his said Bolero Pickup vehicle at Teron Gain Tiniali. It is found that those cattle were overloaded and they were treated cruelly. 3. The petitioner approached the Court of learned Judicial Magistrate, First Class, Hamren, West Karbi Anglong, Diphu by filing Zimma Petition being Petition No. 1738/2024, praying for zimma of said Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, seized in connection with said Baithalangso P.S. Case No.55/2024. 4. The learned Magistrate on the basis of the report dated 30.12.2024 of the concerned Investigating Officer of said Baithalangso P.S. Case No.55/2024 and finding that the vehicle involved in said Baithalangso P.S. Case No.55/2024 was not required for further investigation of the case, by order dated 03.01.2025 allowed the zimma of the said Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, in favour of the petitioner subject to furnishing bank guarantee equivalent to the market value of the said Bolero Pick Up Vehicle to the satisfaction of the said Court. 5. Mr. Ahmed, learned counsel for the petitioner submitted that for his said Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, he could not furnish the necessary bank guarantee. Hence, this criminal petition by the petitioner for modification/alteration of the condition imposed by the learned JMFC, Hamren, West Karbi Anglong, Diphu by order dated Page No.# 3/4 03.01.2025, passed in said Baithalangso P.S. Case No.55/2024, so far the surety of the bank guarantee equivalent to the market value of the said Bolero Pick Up Vehicle, praying further for a reasonable surety amount for granting zimma of the said Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, Chassis No. MA1ZN2TNKM5B14047, Engine No.TNM4A82480. 6. Mr. Ahmed, learned counsel for the petitioner in that regard relied on the decisions of the Coordinate Benches of this Court in the case of Mainul Islam Vs. State of Assam, disposed of on 25.01.2024 (Crl. Pet. No. 82/2024) as well as order dated 22.05.2024, passed in Crl. Pet. No. 509/2024 (Md. Johur Uddin Vs. State of Assam and Another). 7. Mr. Ahmed, learned counsel for the petitioner also relied on the decision of the Hon’ble Apex Court in the case of Sunderbhai Ambala Desai Vs. State of Gujarat reported in (2002) 10 SCC 283 pertaining to grant of zimma of seized items. 8. After hearing the petitioner as well as the learned Additional Public Prosecutor, Assam and considering the decisions of the Coordinate Benches of this Court as well as the decision of the Hon’ble Apex Court in the case of Sunderbhai Ambala Desai (supra), the order dated 03.01.2025, passed by the learned Judicial Magistrate, First Class, Hamren, West Karbi Anglong, Diphu in said Baithalangso P.S. Case No.55/2024, so far the bank guarantee equivalent to the market value of the said Bolero Pick Up Vehicle bearing Registration No. AS- 02-CC-6999, Chassis No. MA1ZN2TNKM5B14047, Engine No.TNM4A82480 to the satisfaction of the said Court pertaining to the zimma of the said Bolero Pickup vehicle is modified to the extent that the petitioner shall be given the zimma of the said Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, Chassis No. MA1ZN2TNKM5B14047, Engine No.TNM4A82480 on conditions that the petitioner ̶ ̶ (i) shall furnish a personal bond of Rs.10,00,000/- (Rupees Ten Lacks) to the satisfaction of the learned Judicial Magistrate, First Class, Hamren, West Karbi Anglong, Diphu; (ii) the investigating authority shall prepare a panchnama of the said Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, Chassis No. MA1ZN2TNKM5B14047, Engine No.TNM4A82480 and shall take photograph of Page No.# 4/4 such vehicle and get the signature of the owner or representative of the owner with date; (iii) the petitioner/owner shall not change the colour and body/structure/shape of the said Bolero Pick Up Vehicle bearing Registration No. AS-02-CC-6999, Chassis No. MA1ZN2TNKM5B14047, Engine No.TNM4A82480 and shall not dispose of/alienate the said vehicle till disposal of the case and (iv) the petitioner/owner shall produce the vehicle before the concerned Investigating Officer of said Baithalangso P.S. Case No.55/2024 and/or before the learned Trial Court as and when called for or required for the purpose of investigation or trial of the Case concerned. 9. With the above observations and directions, this criminal petition stands disposed of. JUDGE Comparing Assistant