Page No.# 1/3 GAHC010043112025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./236/2025 KASHEM ALI AND ANR. S/O ANOWAR HUSSAIN R/O VILL-HARIPUR,P.S.TARABARI DIST.BARPETA, ASSAM 2: SANIDUL ISLAM S/O MD. IDRISH ALI R/O VILL- FINGUWA PATHAR P.S. SARTHEBARI DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.04.2025 Heard Mr. N. Ahmed, the learned counsel appearing for the petitioners as well as Ms S.H. Bora, the learned Additional Public Prosecutor appearing for the State of Assam. 2. The record, as sought for, from the Investigating Officer has reached this Court. 3. This application has been filed u/s 528 of the BNSS, 2023 praying for setting aside and quashing the order dated 22.02.2025 passed by the learned Chief Judicial Magistrate, Sonitpur, Tezpur in respect of Tezpur P.S. Case No. 719/2024 under Sections 303 (2)/317 of BNS, 2023 read with Section 53 (i) (a) of Assam Excise Act. 4. The vehicle bearing registration No. NL-01AF/6996 and one Appo Mobile phone was seized when the vehicle was carrying 100 bottles of Indian Made Foreign Liquor. A cash amount of ₹32,890/- was also recovered. The said amount has already been deposited in the State Bank of India. 5. The petitioners filed an application before the court of the learned Chief Judicial Magistrate, Sonitpur, Tezpur seeking custody of the vehicle, mobile phone and a cash amount of ₹32,890/-. The prayer of the petitioners was rejected on the ground that the Investigating Officer could not ascertain the actual registered owner of the seized vehicle as well as the real owner of the mobile phone and the cash amount. 6. I have considered the submissions made by the learned counsel of both sides. I have also gone through the case diary. 7. The petitioners have claimed before the registered owner of the seized vehicle and the owner of the mobile phone as well as the cash amount. 8. Keeping these things in custody will not serve any purpose for the investigation of the case. 9. The prayer of the petitioners is allowed. Page No.# 3/3 10. The vehicle bearing registration No. NL-01AF/6996 shall be given in the custody of the registered owner on taking a bond of ₹50,000/-. The mobile phone shall be given to the custody of its registered owner on taking a bond of ₹30,000/-. The cash amount of ₹32,890/- shall be returned to the present petitioner on taking a bond of ₹30,000/- 11. With the aforesaid direction, the impugned the order dated 22.02.2025 passed by the learned Chief Judicial Magistrate, Sonitpur, Tezpur in respect of Tezpur P.S. Case No. 719/2024 is set aside and the criminal petition is disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant