Page No.# 1/5 GAHC010187262026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./445/2026 SHRI JAKI DEY S/O DHANAPATI DEY RESIDENT OF RATIABARI, KUMARGHAT, P.O AND P.S. RATIABARI, UNAKATI, TRIPURA-799264 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P BORA, A R PAL,MS K BHATTACHARYYA,MR H K SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07.09.2026 Heard Mr. P. Bora, learned Senior Counsel assisted by Ms. K. Bhattacharya, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. Page No.# 2/5 2. By this application filed under Section 438 and 442 read with Section 528 of the BNSS, 2023, the petitioner has challenged the order dated 04.08.2026 passed by the Judicial Magistrate First Class, Bongaigaon in Bongaigaon GRPS No.53/2026, by which the custody of the dried areca nuts were not given to the petitioner. It is the petitioner's case that he purchased the local dried arena nuts from Zoram Nuts Private Limited situated in Aizawl, Mizoram and he had sent it to the consignee situated at Basanta Bagan, Ranirbazar, Chinsurah in the State of West Bengal. The petitioner has annexed the invoice showing both the purchase and sending it to the consignee in West Bengal and in the said invoice, it was also stated that the transportation mode by which the dried areca nuts were sent was by rail and the rail number reflected in the said invoice was 13126. The petitioner has annexed five numbers of invoices to show that the entire dried areca nuts were purchased by him, owned by him and he had sent it to the consignee at West Bengal. 3. The learned Senior Counsel for the petitioner submits that the petitioner had moved an application for custody before the Judicial Magistrate First Class, Bongaigaon and the said Court vide order dated 26.05.2026 had rejected the zimma of the said articles to be given to the petitioner. The learned Senior Counsel also submits that subsequently another application was filed before the same Court and the said Court vide order dated 04.08.2026 had again rejected the custody of the articles to be given to the petitioner. In the said order, dated 04.08.2026, it is specifically mentioned that the petitioner could not establish the ownership of the seized consignment and also could not show the transportation made thereof. Mr. P. Bora, learned Senior Counsel by showing the invoices had stated that there is no dispute regarding the owner ship of the Page No.# 3/5 said local dried areca nuts and the transportation was also reflected in the proper manner in the said invoice. 4. As such, he submits that there is no bar in giving custody of the said areca nuts to the petitioner. He also submits that the same being perishable goods cannot be kept in the Police Station for long as the same will get destroyed. He also submits that the Hon'ble Supreme Court has time and again held that articles seized in connection with any criminal offence should be handed over to the owner or from the person from whom it is seized etc. without any delay as it will serve no purpose keeping the said articles in Police Station for long rather it will get damaged. 5. Mr. B. Sharma, learned Additional Public Prosecutor by placing the order dated 04.08.2026 passed by the Judicial Magistrate First Class, Bongaigaon submits that it is also not known as in what stage, the areca nuts is at present and he submits that there is no report from the Agricultural Officer too as the same has not been placed before the Court. 6. I have heard the Counsels and also have gone through the record. 7. It is a settled position of law that article seized in connection with any criminal case should not be kept in the Police Station or at any other place for long as the same with time will get damaged and it is no res integra that the Supreme Court by way of number of judgments have directed that the goods should be given in custody to the owner of the same. In a case namely Sunderbhai Ambalal Desai Vs. State of Gujarat Reported in (2002) 10 SCC 382, the Hon'ble Apex Court had held that articles should be given to the Page No.# 4/5 owner or from the person, whom it is seized by following certain procedures by the authorities concerned. The Hon'ble Supreme Court has held that the necessary bond should be taken as well as photographs as well as with the undertaking that the articles or the proceeds of the article should be placed before the Court as and when call for. 8. The petitioner had also shown the ownership of the said articles by the invoices that were annexed in the petition and the same clearly shows that he had purchased it from Zoram Nuts Private Limited and he had sent it to the consignee at West Bengal by way of rail and the same were seized at Bongaigaon Railway Station by the police on its transit to the State of West Bengal. Further, the said areca nuts were seized on 11.05.2026 by the police personnel and that till date, it will be more than four months since the same has been kept in the Police Station. Further, it is also seen that the seized areca betel nuts are subject to speedy natural decay. Furthermore, there is no allegation of theft also in respect of the said seized betel nuts. The only ground for rejection of the custody was that the petitioner could not show owner ship of the same, which is however established by showing the invoices. 9. As such, this Court therefore directs that the concerned Investigating Officer to release the seized local dried areca nuts in favor of the petitioner by executing a bond. 10. The Investigating Officer is also at liberty to impose any other conditions before releasing the betel nuts to the petitioner. 11. The Investigating Officer is directed to follow the procedures enshrined by Page No.# 5/5 the Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat case as stated above. 12. Accordingly, the impugned order dated 04.08.2026 stands set aside and quashed. 13. Petition is disposed of. JUDGE Comparing Assistant