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2025 DAILYLAW 9205 (GAU)

ABDUL RAHMAN v. THE STATE OF ASSAM

Crl.Pet./342/2025 · 2025-05-08

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010054852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./342/2025 ABDUL RAHMAN S/O- AKBAR ALI, R/O- VILL- BANDHABPARA, PO BILASIPARA, PIN- 783348, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD. A H LASKAR, MR. A T H AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.05.2025 Heard the learned counsel Mr. A H Laskar appearing for the petitioner. Also heard Mr. P Borthakur, the learned Public Prosecutor appearing for the State of Assam. 2. This application has been filed u/s 528 of the BNSS, 2023 challenging the order dated 13.02.2025 passed by the learned Special Judge, Kokrajhar in Kokrajhar P.S. Case No. 312/2024. 3. In connection with the aforesaid case, a Bajaj Dominar Motorcycle was seized in the Page No.# 2/2 said case because from the driver of the said motorcycle narcotic drugs were recovered. 4. Mr. Laskar has submitted that the aforesaid person is the son-in-law of the petitioner and the petitioner is the registered owner of the said vehicle. The petitioner has allowed his son-in-law to drive his vehicle. 5. I have heard Mr. Borthakur in the light of the materials available in the case diary. 6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that keeping the said motorcycle in custody for the said period of time would not favour anybody in the case. 7. Therefore, the prayer of Mr. Laskar is allowed. 8. It is hereby directed that the Bajaj Dominar Motorcycle shall be given to the present petitioner Abdul Rahman on taking a bond of ₹50,000/-. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant