Page No.# 1/4 GAHC010056762025 2025:GAU-AS:13290 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./359/2025 SHAHANUR ISLAM R/O- BHAKUAMARI, P/O- ANANDA BAZAR, P/S- SALBARI,DISTRICT- BAKSA, ASSAM, PIN-781318 VERSUS THE UNION OF INDIA REPRESENTED BY NCB, GOVT. OF INDIA, GUWAHATI-36, ASSAM Advocate for the Petitioner : MR. N DUBEY, MS M AHMED,MS. M DAIMARY Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.09.2025 Heard Ms. M. N. Konyak, learned counsel appearing for the petitioner and Ms. P. Upadhyay, learned Standing Counsel, NCB appearing for the respondent. By this petition the petitioner has prayed for custody of the vehicle being Hyundai Xcent Car bearing Registration No.AS-11H-6649 which was seized in Page No.# 2/4 connection with NCB Case No.20/2023 registered under Sections 22(c), 28, 29, 35, 54 of the NDPS Act, 1985. The petitioner states that he is the registered owner of the said vehicle which is demonstrated by the Registration Certificate that was annexed in the said petition as Annexure-I. It is noticed that the owner’s name in the said Registration Certificate is Shahanur Islam. The petitioner moved an application for custody of the said vehicle before the learned Additional Sessions Judge No.5, Kamrup (M), Guwahati and the same was rejected vide order dated 02.09.2024 on the ground that the contrabands were transported in the seized vehicle and the knowledge of the owner about the said transportation is also established in due course of the evidence and in view of the same it was considered that zimma of the seized vehicle cannot be allowed to the petitioner. Ms. M. N. Konyak, learned counsel for the petitioner submits that it is held by the Hon’ble Apex Court that there is no use in keeping the vehicle in the Police Station for long as the same would result in destruction of the said vehicle with time and has prayed that the vehicle may be given in custody to the petitioner, who is the registered owner, as provided under the law. Ms. P. Upadhyay, learned counsel for the NCB, however, submits that the said vehicle was used in transportation of the contrabands and as such she submits that the same may not be given in custody to the owner of the said vehicle inasmuch as the same would be again used in commission of the offence under the NDPS Act. Page No.# 3/4 I have heard the learned counsel for the parties and have gone through the records. It is settled position of law that vehicles or other articles which are seized in connection with criminal cases may not be kept in the Police Station or in the Police Malkhana for long as the same would lead to wear and tear of the articles and the same may get destroyed with time. It is as such directed by the Hon’ble Apex Court that the vehicles or other articles may be given to the owners of the same or to the person from whom it is seized or to the Insurance Company with whom the same is insured and in absence of the same it is further directed that the vehicle or other articles may be put up in auction. In the instant case it is seen that the petitioner is the registered/ rightful owner of the vehicle i.e. Hyundai Xcent Car bearing Registration No.AS-11H- 6649 and as such the same may be given in custody to the said owner. In Sunderbhai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 283 it is further held by the Apex Court that whatever be the situation, it is of no use to keep the seized vehicles at the Police Station for a long period and that it is for the Magistrate to pass appropriate orders by taking appropriate bond and guarantee as well as security for return of the said vehicles if required at any point of time. It is further held that the Court would pass orders for custody of the vehicle within a period of six months from the date of production of the said vehicle before the Court and that in any case before handing over the possession of such vehicles proper photographs of the said vehicle should be taken and the detail panchnama should be prepared. Page No.# 4/4 It is, therefore, directed that the concerned authority in the NCB or the Investigating Officer of the said case may take appropriate bond and may prepare panchnama as well as take photographs and may further take recourse to other procedures before handing over the custody of the vehicle to the petitioner. The petition is disposed of. JUDGE Comparing Assistant