Page No.# 1/4 GAHC010180022026 2026:GAU-AS:12219 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1174/2026 AJIDUL ALI S/O TAIJUDDIN ALI, VILL- KATHALBURI, P.S. TARABARI, DISTRICT- BARPETA, ASSAM, PIN-781328 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RAM KR SAIKIA S.I. (UB) CHANGSARI POLICE STATION CHANGSARI DIST. KAMRUP (RURAL) ASSAM PIN-78110 Advocate for the Petitioner : MR. M KHAN, MR. R. AHMED,MS J AKTAR,MR A RAHIM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.08.2026 1. Heard Mr. M. Khan, learned counsel appearing for the petitioner. Also heard Page No.# 2/4 Mr. K. Baishya, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for quashing and setting aside the order dated 17.08.2026 passed by the learned Additional Chief Judicial Magistrate, Kamrup, Amingaon in PRC Case No.1126/2026 arising out of Changsari P.S. Case No.181/2026. 3. By the said order, the prayer of the petitioner for custody of 18 numbers of cattle was rejected. 4. The case of the petitioner is that 18 numbers of cattle of various breeds were seized by the police on 31.07.2026 in connection with Changsari P.S. Case No.181/2026. It is stated in the FIR that, acting on credible information that a vehicle was transporting suspected stolen cattle from Rangia to Meghalaya, the police conducted naka checking and intercepted the said vehicle. Upon checking the vehicle 18 numbers of cattle were found loaded therein. 5. It is further alleged that the said cattle were loaded in the truck in a cruel manner. It is also alleged that when the driver of the vehicle was asked to produce the relevant documents in respect of the cattle, no such documents could be produced. 6. Mr. M. Khan, learned counsel appearing for the petitioner submits that all the cattles were purchased by the petitioner from the weekly market at Baghbar and the purchase receipts have been enclosed with the petition. He further submits that the petitioner is the rightful owner of the said cattle and that the same may be given to him in interim custody during the pendency of the trial in connection with the said case. 7. Mr. K. Baishya, learned Additional Public Prosecutor, however, submits that Page No.# 3/4 the cattle were loaded onto the truck and transported in a cruel and inhumane manner. He further submits that the owner of the cattle is also responsible for such transportation and therefore, prays that interim custody of the cattle should not be handed over to the petitioner. 8. I have heard the learned counsel for both sides and have perused the records. It appears from the order dated 17.08.2026, whereby the prayer of the petitioner for custody of the cattle was rejected that the cattle have been kept in a gaushala. The said order further directed the authorities of the gaushala to submit a monthly report regarding the well-being of the said cattle. 9. However, the petitioner claiming to be the owner of the cattle has produced documents indicating that the said cattle were purchased by him from their respective sellers upon payment of consideration. 10. It is a settled position of law that articles seized in connection with a criminal case should ordinarily be released in interim custody to their rightful owner, the person from whom they were seized or wherever applicable the insurance company with which they are insured. 11. In the instant case, the seized articles are cattles and the petitioner has produced documents in support of his claim of ownership over the same. The allegation regarding the cattle been subjected to cruelty is a matter to be considered and adjudicated during the course of the trial. However, insofar as the interim custody of the cattle is concerned this Court is of the considered opinion that the same may be handed over to the petitioner, subject to appropriate terms and conditions. 12. However, before handing over the interim custody of the cattle to the petitioner the concerned authority shall follow the necessary procedures in Page No.# 4/4 accordance with law, including taking photographs of the cattle and obtaining an appropriate bond from the petitioner. The petitioner shall also furnish an undertaking to produce the cattle as and when required during the course of the trial. 13. The concerned authority shall further ensure compliance with all other conditions and formalities as may be required under law before releasing the cattle into the custody of the petitioner. 14. Accordingly, this petition is disposed of. JUDGE Comparing Assistant