Page No.# 1/2 GAHC010066332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./97/2025 ABDUL BAREK, S/O- KUDDUS ALI, R/O- UTTAR POTTAKALANG, P.S.- RUPAHIHAT, DIST- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI KHUDI RAM BRAHMA S/O- LATE THALENDRA BRAHMA VO-DOLAKATI (DOLBARI) P.O.-DOLKATI BOROBAZAR P.S.- ROWTA DIST- UDALGURI BT Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.04.2025 Heard Mr. S.M. Abdullah P, the learned counsel appearing for the petitioner. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State respondent. Page No.# 2/2 2. This is an application under Section 438/442 of the BNSS, 2023 praying for setting aside the order dated 18.03.2025 passed by the learned Judicial Magistrate First Class, Udalguri in respect of Rowta PS Case No. 134/2024 u/s 303 (2) of the BNS, 2023. 3. The petitioner being the registered owner of a vehicle filed an application before the court of the learned Judicial Magistrate First Class, Udalguri. The Investigating Officer of Rowta Police Station reported that the petitioner is yet to be arrested. Moreover, the Investigating Officer reported that the vehicle was modified in such a manner that the same can be used for offences like the one for which it was seized, in future. 4. It may be stated that this Court granted pre-arrest bail to the petitioner on 10.03.2025 vide AB/420/2025. 5. After considering the submissions made by the learned counsels of both sides in the light of the present situation, this Court is of the opinion that no purpose would be served by keeping the said vehicle in the custody of police. Therefore, the prayer of the petitioner is allowed. 6. The impugned order dated 18.03.2025 passed by the learned Chief Judicial Magistrate 1st Class, Udalguri, Assam in respect of Rowta PS Case No. 134/2024 u/s 303 (2) of the BNS, 2023 is set aside. 7. The vehicle bearing registration No. AS-12AJ-7460 shall be given in custody of its registered owner on furnishing a bond of ₹50,000/-. Before giving the custody of the vehicle, the concerned authority shall also verify the documents of the petitioner relating to the vehicle. With the aforesaid direction, the criminal revision petition stands disposed of. JUDGE Comparing Assistant