Page No.# 1/4 GAHC010184832026 2026:GAU-AS:12685 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./436/2026 MR RAJIB CHOUDHURY S/O SAHJAHAN ALI, R/O VILL BARPANARA, PO BIHDIA, PS BAIHATA CHARIALI, DIST KAMRUP , PIN 781381 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SABRUL ISLAM SON OF NOT KNOWN R/O KATHU ROAD NEAR NOBOYAN TOWER ADC BUILDING SILCHAR PS SILCHAR DIST CACHAR PIN 788005 ASSA Advocate for the Petitioner : MRS. B GOGOI, MS M BORAH,MR G CHAMUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 02.09.2026 1. Heard Mr. G. Chamuah, learned counsel appearing for the petitioner. Also Page No.# 2/4 heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By this application filed under Sections 438 and 442 read with Section 528 of the BNSS, 2023, the petitioner has challenged the order dated 08.07.2026 passed by the learned Special Judicial Magistrate, Assam, Guwahati in Zimma Petition No. 1600, arising out of Dispur P.S. Case No. 413/2026, registered under Section 140(2) of the BNS, 2023. 3. By the said order dated 08.07.2026, the prayer of the petitioner for interim custody of the vehicle was allowed, subject to the condition that the petitioner shall not sell, transfer, alienate or create any third-party rights in respect of the said vehicle. 4. The petitioner is aggrieved by the aforesaid condition imposed in the custody order. It is the case of the petitioner that the vehicle in question was being transported by Jayess Roadlink Private Limited, of which the petitioner is a member from Nasik to Sabita Automobiles, Silchar. While the vehicle was in transit, an alleged offence of kidnapping took place following which the police, upon receiving information regarding the offence seized the vehicle along with the accused persons. 5. The learned counsel appearing for the petitioner submits that the petitioner being an employee of the transport company had filed an application seeking interim custody of the vehicle. The learned Special Judicial Magistrate, Assam, Guwahati by order dated 08.07.2026, allowed the Zimma Petition and granted custody of the vehicle to the petitioner as the authorised representative of the transport company, subject to the condition that the petitioner shall not sell, transfer, alienate, or create any third-party interest in respect of the said vehicle. Page No.# 3/4 It was further directed that the petitioner shall not alter or modify the vehicle in any manner. 6. The learned counsel for the petitioner further submits that the petitioner is merely a transporter who had transported the vehicle from Nasik to Silchar. Although interim custody of the vehicle has been granted to him such custody would serve no meaningful purpose if the petitioner is required to retain the vehicle without being permitted to transfer or otherwise deal with the same. He further submits that the petitioner may be permitted to hand over the vehicle to Sabita Automobiles, Silchar which had actually purchased the same from the manufacturing plant of Mahindra Company. 7. Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam, however, submits that a bare perusal of the order dated 08.07.2026 makes it clear that if the petitioner intends to create any third-party interest in respect of the vehicle, the same can be done only with the prior permission of the Court, i.e., the learned Special Judicial Magistrate, Assam, Guwahati. 8. Upon consideration of the submissions made by the learned counsels and on perusal of the order dated 08.07.2026, it becomes clear that the condition attached to the Zimma order restraining the petitioner from selling, transferring, or alienating the vehicle is subject to the rider that if the petitioner desires to sell, transfer, alienate, or create any third-party interest in respect of the said vehicle, he shall be required to obtain the prior permission of the Court, i.e., the learned Special Judicial Magistrate, Assam, Guwahati. 9. Since the prayer of the petitioner is that being the transporter, he is Page No.# 4/4 required to hand over the vehicle to Sabita Automobiles which is the dealer concerned, the petitioner is granted liberty to file an appropriate application before the Court of the learned Special Judicial Magistrate, Assam, Guwahati seeking permission for appropriate modification of the aforesaid condition. Upon such an application being filed, the learned Court shall consider the same in accordance with law. 10. Accordingly, the present petition stands disposed of. JUDGE Comparing Assistant