Page No.# 1/3 GAHC010009242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./63/2025 MD. NUR HUSAIN @ NUR HUSSAIN S/O NIZAM ALI R/O BAMUNBARI P.S. MUKALMUA DIST. NALBARI, ASSAM PIN-781312 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:THE INSPECTOR OF EXCISE TEZPUR SADAR (INFORMANT) Advocate for the Petitioner : MR S ISLAM, S RAHMAN Advocate for the Respondent : PP, ASSAM, SC, EXCISE DEPTT. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.02.2025 1. Heard Mr. S. Islam, the learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, the learned Standing Counsel for the Excise Department. 2. This application under section 528 of BNSS has been filed by the petitioner, namely, Md. Nur Husain @ Nur Hussain, impugning the order dated 25.11.2024, passed by the Court of learned Judicial Magistrate 1st Class, Sonipur at Tezpur, whereby the Zimma of the seized track bearing registration No. AH-09-AC-7006 was rejected by the Trial Court. 3. On perusal of the record, it appears that the aforesaid truck, was seized in connection with Tezpur Excise Case No. 83/2023 and the learned Judicial Magistrate 1st Class had rejected the prayer for zimma as, at that point of time, the vehicle was still required for the purpose of investigation. 4. The learned Standing Counsel for the Excise Department has submitted that as the ownership of the seized vehicle is yet to be ascertained, hence, the vehicle would be required for the purpose of investigation. He further submits that till date the petitioner has not approached the Investigating Officer of the said case with valid documents. 5. On the other hand, the learned counsel for the petitioner has submitted that the petitioner is the registered owner of the seized vehicle and in support of his submission he has produced the photocopy of the registration certificate of the seized vehicle. Page No.# 3/3 6. It appears from the record that the investigation has otherwise progressed except for ascertaining the ownership of the seized vehicle. 7. In view of above, this criminal petition is disposed of with a direction to the petitioner to approach the Investigating Officer of Tezpur Excise Case No. 83/2023 with in a period of 10 days along with all the relevant documents in respect of the seized vehicle and after ascertaining the validity of the documents produced by the petitioner, if the same are found to be valid, Investigating Officer shall grant the zimma of the vehicle to the petitioner on furnishing a bond of Rs, 18,00,000/- (Rupees Eighteen Lakh only) for production of the seized vehicle and an undertaking for production of the said vehicle before the Investigating Officer or before the Trial Court if and when required. 8. With the above observations, this criminal petition is disposed. JUDGE Comparing Assistant