Page No.# 1/4 GAHC010157182026 2026:GAU-AS:11660 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./382/2026 CHAHARAB ALI S/O NABIRUDDIN, R/O VILL. TUKURA PT-III, P.O. TUKURA, P.S. AGIA, DIST. GOALPARA, ASSAM, PIN-783126. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : S I AKAND, KAUSHIK JAIN,MR. T HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 17.08.2026 Heard Mr. S.I. Akand, learned counsel for the petitioner and Mr. D.P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. In this petition, under Section 528 read with Section 438 & 442 of the BNSS, the petitioner has challenged the order dated 13.07.2026, passed by the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon, Kokrajhar (trial court Page No.# 2/4 hereinafter), in Gossaingaon PS Case No. 136/2026. 3. It is to be noted here that vide impugned order dated 13.07.2026, the learned trial court had rejected the petition filed by the petitioner seeking custody of the vehicle, bearing registration No. AS-01-UC-6232. 4. Notably, the said vehicle was seized in connection with Gossaigaon PS Case No. 136/2026, which was registered on the basis of one FIR lodged by SI Rinku Kalita of Gossaigaon Police Station. 5. The essence of allegation, in the FIR is that on 28.06.2026, at about 05:45 am, while the police personnel of Shimultapu Police Outpost were performing Naka Checking, found one bolero pickup vehicle, bearing registration No. AS-01- UC-6232, white in colour, was coming from West Bengal towards Gossaigaon. When signaled by police personnel to stop the vehicle, it failed to comply with the signal and thereafter, the vehicle was chased and found in an abandoned condition on NH-27 near the SSB Camp, Matiajhuri and during search of the vehicle, 10 numbers of calves were found being transported illegally, concealed in beneath bags containing disposal plates and glasses with their heads and legs tied in a cruel manner. 6. It is also to be noted here that vide order dated 03.08.2026, the learned Additional Public Prosecutor was directed to produce a report from the concerned IO, regarding the status of the investigation and also about the requirement of the aforesaid vehicle in the interest of investigation. 7. Today, Mr. Goswami, learned Additional Public Prosecutor, has produced one report before this Court and on the basis of the said report, he submits that the concerned vehicle may not be released at this stage. 7.1. However, to a pointed query of this Court, Mr. Goswami submits that Page No.# 3/4 investigation of the case has progressed substantially. 8. Mr. Akand, learned counsel for the petitioner, submits that the petitioner is the registered owner of the said vehicle and that the value of the said vehicle is Rs. 5,25,050/-. He also submits that the petitioner is ready to comply with any condition and also he will produce the vehicle before the learned trial court as and when directed. Therefore Mr. Akand has contended to allow the petition. 9. It is well settled in the case of Sunderbhai Ambalal Desai v. State of Gujarat, reported in 2002 (10) SCC 689, that seized property should not be kept in police or court custody longer than necessary and courts must expeditiously dispose of such property under Sections 451 and 457 CrPC by returning it to the rightful owner once its evidentiary utility is over, subject to proper safeguards like photographs and panchnama. 10. Since, the material part of the investigation is almost over and since Section 11(5) of the Cattle Preservation Act provides for releasing the vehicle on furnishing bank guarantee, on its value, this Court is of the view that further custody of the concerned vehicle may not be warranted in the interest of investigation. 11. Thus, this Court is inclined to allow this petition by directing the petitioner to furnish bank guarantee of Rs. 5,00,000/- before the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon, Kokrajhar. 12. And on such bank guarantee being furnished the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon, Kokrajhar, shall released the vehicle in the interim custody of the petitioner, however, subject to the conditions that the:- (i) petitioner shall produce the same before the learned trial court as and when directed. Page No.# 4/4 (ii) petitioner shall not make any alteration of the vehicle or change its colour or dispose of the same. JUDGE Comparing Assistant