Page No.# 1/6 GAHC010231592025 2026:GAU-AS:3467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1281/2025 MD. RAJAK ALI @ DHAN ALI @ KALIA S/O- ABDUL BAREK. R/O- CHANGARI SILA, KORAIBARI, P.S.- CHANGSARI, DIST.- KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTRED BY THE PP, ASSAM 2:MUKUT BAISHYA INSPECTOTR STF ASSAM GUWAHATI DIST.- KAMRUP(M) ASSAM Advocate for the Petitioner : MR. T HUSSAIN, MR. N J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 09-03-2026 Heard Mr. N.J Dutta, learned counsel for the petitioner. Also heard Mr. Page No.# 2/6 K.K Parasar, learned Additional Public Prosecutor for the State of Assam. 2. By this petition, a prayer has been made challenging the order dated 16.07.2025 passed by the learned Addl. District & Sessions Judge No. 5, Kamrup (M), Guwahati whereby the zimma petition filed by the petitioner has been dismissed and a further prayer to pass the necessary order for release of the care being Maruti Swift Zxi+ bearing Redg. No. AS-15-P-2222 corresponding to STF Police Station Case No. 20/20236 u/s 21(C)/25/29 of NDPS Act pending before the Court of learned Addl. Sessions Judge No.5, Kamrup (M), Guwahati. 3. The factual matrix as reflected in this criminal petition is that an FIR had been lodged before the Officer-in-Charge, STF P.S, Assam, Guwahati alleging that on the same day at about 7:00 A.M on 28.11.2023, an information was received regarding the transportation of narcotic drugs from Manipur by a Tata Yodha goods carrier vehicle towards Gauripur area. The Tata truck vehicle was reportedly escorted by a Hyundai Creta and Maruti Swift bearing Redg. No. AS- 15-P-2222. The petitioner in this present petition is the owner of the Maruti Swift car. The petitioner had also been taken into custody on 10.05.2024 and the vehicle had been recovered from the spot allegedly when the petitioner herein had abandoned the car when it had stopped by the Police authority. 4. This Court by an order dated 20.05.2025 passed in B.A No. 1170/2025 had granted the petitioner the privilege of bail noticing the violation of the constitutional rights of the petitioner during his arrest. The petitioner is now on bail. Page No.# 3/6 5. Having been released on bail, the petitioner had moved an application for zimma of the vehicle bearing Redg. No. AS-15-P-2222 which came to be rejected on 16.07.2025. The ground for rejection of the zimma petition is found at paragraph-12 onwards; “12. It is submitted by learned counsel that the other vehicle Creta is already given in custody to its owner. It is found from the record that the owner of other vehicle Creta is not an accused of this case. The alleged role of the seized Maruti Swift ZXI+ vehicle was that it was used as an escort in the safe transportation of the seized contraband. The owner of the seized Maruti swift ZXI+vehicle is himself an accused of the instant case who is alleged to have fled away leaving the vehicle. 13. In the above facts and circumstance of this case when it is alleged that the vehicle was used for escorting in safe transportation of the seized contraband and the owner of the said seized vehicle is also an accused of this case, this court is not inclined to allow the Zimma prayer. Accordingly the zimma prayer is rejected. 14. Petition No.1057 dated 02.07.25 is disposed of. 15. While going through the record, one petition dated 07/05/2025 given by Inspector Prabhakar Singh, I/O of the case is found where prayer was made to provide copy of the charge-sheet of this case for entering the same into the CCTNS system of STF. 16. Prayer is allowed. The I/O may take a copy of the charge-sheet from the Court. 17. Fix 30.07.2025 for production and 13.08.2025 for evidence.” 6. Thus, the reason for disallowing the zimma of the vehicle to the petitioner Page No.# 4/6 herein was that the owner of the vehicle was an accused in the instant case and the allegation was that the vehicle was used for escorting the safe transportation of the seized contraband. 7. The learned counsel for the petitioner has placed reliance in the case of Denash -versus- State of Tamil Nadu disposed of on 27.10.2025 by the Apex Court, stating that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules 2022 wherein it was held that the rules cannot be interpreted as divesting the Special Courts of their jurisdiction to entertain an application for interim custody or release of a seized conveyance under sections 451 and 457 of Cr.PC (Section 497 and 503 of BNSS). The authority of the Special Court to pass appropriate orders for interim custody during the pendency of the trial, as well as to make final determination upon its conclusion, continues to operate independently of the disposal mechanism envisaged under the said Rules. 8. The learned counsel for the petitioner thereafter has placed reliance on paragraph-29 & 30 of Crl. Appeal @ SLP (Crl.) No. 8698/2025 in the case of Bishwajit Dey reported in 2025 INSC 32, to content that since no recovery has been made from the petitioner, who is an accused, and further there was no recovery from the vehicle in which the custody has been sought, the vehicle can be released on zimma to the petitioner upon strict and sufficient conditions be imposed for its production during or at the end of the trial. 9. In the present case, this Court noticed that the petitioner has been granted Page No.# 5/6 bail by this Court, the other vehicle i.e. Hyundai Creta which was also allegedly escorting the vehicle from which the contraband has been recovered has been released on zimma and no recovery had been made from the vehicle for which the zimma has not been sought. 10. The learned Addl. P.P has submitted that since the petitioner is an accused and the vehicle was used as a decoy/escort in the transaction of the contraband item, the same is not required to be released on zimma at this stage. 11. This Court has given anxious consideration to the submissions made by the parties. This Court has already noticed that the petitioner is already on bail although an accused, no recovery has been made from the vehicle concerned and furthermore the other vehicle which was allegedly escorting the transportation of the seized contraband has also been released on zimma. 12. In the facts and circumstances of the case, this Court does not see any reason as to why the vehicle should not be allowed to be released to the petitioner herein so that the same can be maintained and kept usable, in case the vehicle is at later stage found not to be required for confiscation. 13. In such circumstances, this Court directs that the vehicle bearing Regd. No. AS-15-P-2222 be released to its owner upon proper identification and after following such due process as required in law, allowing the owner to retain the zimma of the vehicle during the trial. The zimma shall be allowed subject to such conditions which should be fulfilled by the petitioner. 14. The learned Trial Court shall be entitled to put up any such conditions for Page No.# 6/6 the release of the vehicle as may be deemed fit and necessary to ensure the production of the vehicle during or at the culmination of the trial. 15. The criminal petition stands disposed. JUDGE Comparing Assistant