Page No.# 1/2 GAHC010050152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./304/2025 IKBAL HUSSAIN LASKAR @ IQUBAL HUSSAIN LASKAR S/O JAMIR UDDIN LASKAR VILL-NISCHINTAPUR PART-I, (LAKHINAGAR PART-I), P.O.MONACHERRA, P.S. LALA DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.03.2025 Heard Mr. A.M. Barbhuiya, the learned counsel appearing for the petitioner. Also heard Mrs. N. Das, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2024 challenging the order dated 27.12.2024 passed by the learned Chief Judicial Magistrate, Cachar, Silchar in respect of Silchar P.S. Case No.689/2024 (corresponding to G.R. No.1406/2024). 3. A Tripper Truck bearing Registration No.AS-11-EC-5186 was seized by police in connection with the aforesaid police case. The petitioner being the registered owner filed an application before the court of the learned CJM, Cachar, Silchar praying for custody of the said vehicle (Tripper). 4. The prayer of the petitioner was rejected by the court below. Thereafter, the petitioner moved this Court by filing Criminal Revision Petition No.13/2025. This Court directed the petitioner to approach the Police Station at Silchar for production of his documents relating to the seized vehicle. This time, Silchar Police Station refused to give the custody of the said vehicle to the petitioner. 5. Mr. Barbhuiya has relied upon the decision of the Hon’ble Supreme Court that was delivered in Sunderbhai Ambalal Desai vs. State of Gujarat, reported in (2002) 10 SCC 283. 6. I have considered the submissions made by the learned counsel of both sides. 7. This Court is of the opinion that keeping the Tripper in the custody would not serve any fruitful purpose to anyone. Therefore, it is hereby directed that the Tripper Truck bearing Registration No.AS-11-EC-5186 shall be given in custody of the present petitioner, namely- Ikbal Hussain Laskar @ Iqubal Hussain Laskar, being the registered owner, within next 2(two) weeks of receiving this order on taking a bond of ₹50,000/-. With the aforesaid direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant