Page No.# 1/2 GAHC010027262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./147/2025 MAA KAMAKHYA INTERNATIONAL REGISTERED OFFICE AT 711, SHREE KRISHNA FORD, FAIZABAD ROAD, CHINHAT LUCKOW,LUCKNOW, UTTAR PRADESH,226028, REPRESENTED BY SHAKUNTALA DEVI @ SHAKUNTALA GUPTA AGE-55 YEARS, W/O ASHOK GUPTA, WARD NO. 5,SHRIMANTA NAGAR, P.O. AND P.S. GOLAGHAT, DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.02.2025 1. Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. The report called from the Investigating Officer has not been received. Page No.# 2/2 3. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for setting aside the Order dated 18.11.2024 passed by the learned Chief Judicial Magistrate, Jorhat in respect of Jorhat Police Station Case No.227/2024. 4. On 11.06.2024, 170 bags of betelnut were seized from the Truck bearing Registration No.HR38AB9803. The materials were suspected to be smuggled from the Mayanmar. 5. The petitioner claiming to be the owner of the betelnuts filed an Zimma application before the Court below, which was rejected. 6. The reason for refusing the prayer of the petitioner was that the Investigating Officer filed a report stating that the said truck was not actually carrying betelnuts with proper documents. 7. I have considered the submissions made by learned counsel for the petitioner. 8. Betelnut is a perishable commodity, which is lying since June, 2024 seized in the aforesaid case. There is every possibility that the betelnuts will perish, if they are kept in custody for longer period of time. 9. Therefore, the impugned Order passed by the learned Additional Chief Judicial Magistrate, Jorhat in respect of Jorhat Police Station Case No.227/2024 is set aside. 10. It is hereby directed that the seized betelnuts shall be given in custody of its actual owner on verification of the relevant documents. Before handing over custody, the actual owner shall execute a bond of Rs.50,000/-. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant