Page No.# 1/2 GAHC010059792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./95/2025 AKBAR ALI SARKAR S/O USUF ALI SARKAR R/O VILL-GORAIMARI,P.O. BONGAIGAON, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:THE OFFICER-IN-CHARGE RAHA POLICE STATION DIST. NAGAON ASSAM PIN-78210 Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20.06.2025 Heard learned counsel Mr. M Ahmed for the petitioner Akbar Ali Sarkar who has Page No.# 2/2 filed this application under Section 438 of the BNSS, read with Section 442 and 528 of the BNSS, 2023 challenging the order dated 17.02.2025 passed by the Ld. Judicial Magistrate First Class rejecting the Zimma petition filed by the petitioner with prayer for zimma of the seized vehicle AS-19-AC-3736 which has been seized in connection with this case. Heard Mr. B Sarma, learned Additional Public Prosecutor, Assam who has submitted a report forwarded by the I/O relating to the vehicle. It is submitted through the report that the vehicle may be released to the registered owner after crude oil, alleged to be stolen, is taken out of the vehicle and is kept in safe custody. It is submitted by Mr. B Sarma, learned Additional Public Prosecutor, Assam that the crude oil alleged to be stolen is still stored in the tanker. On the report of the I/O, I deem it appropriate to set-aside the order dated 17.02.2025 and direct the petitioner to approach the Ld. jurisdictional Court and apply afresh for Zimma of the oil tanker bearing registration No. AS-19-AC-3736 which may be considered by the Court, in accordance with law. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant