Page No.# 1/3 GAHC010042842025 2025:GAU-AS:6831 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./282/2025 SRI JAGA MOHAN BORAH S/O GOKUL CH. BORAH R/O VILL-MAHPARA, SAMAGURI DIST.NAGAON,ASSAM PIN-782141 PHONE NO. 9954132442 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S SAHU, MS A ROY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-05-2025 Heard learned counsel Mr. S. Sahu for the petitioner Srijaga Mohan Borah, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 challenging the order dated 05.11.2024 passed by the learned Special Judge, Udalguri, whereby and whereunder the prayer for zimma of the vehicle bearing registration No. AS-01-EG-0951 which was seized in connection with Special (N) Case No. 4/2025 corresponding to Mazbat Police Station Case No. 48/2024, was rejected. 2. Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam. Learned Additional Public Prosecutor has submitted that the Investigating Officer has submitted that the vehicle is not required for further investigation and charge sheet has been submitted vide Mazbat Police Station CS No. 02/2025 dated 31.01.2025. 3. As the vehicle is not required for further investigation, the impugned order dated 05.11.2024 passed by the learned Special Judge, Udalguri in connection with Special (N) Case No. 4/2025 corresponding to Mazbat Police Station Case No. 48/2024, is hereby set aside and the prayer for zimma of the vehicle bearing registration No. AS-01-EG-0951 of Maruti Dezire VXI by the petitioner is allowed subject to the condition that the petitioner produces proper documents regarding his ownership of the vehicle before the Officer-In-Charge of the Police Station where the vehicle has been kept in custody and the Officer-In-Charge of the concerned Police Station may hand over the zimma of the vehicle to the owner subject to the condition that the owner of the vehicle executes a bond to the satisfaction of the Officer-In-Charge of the Police Station and subject to the condition that the Officer-In-Charge verifies the ownership of the vehicle and subject to the condition that the vehicle may be produced whenever called for by the Trial Court. Page No.# 3/3 4. In terms of the above observation, this Criminal Petition stands disposed of. JUDGE Comparing Assistant