Page No.# 1/4 GAHC020000402026 2026:GAU-NL:211 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : CRL.REVN/2/2026 SHRI LALBOI HAOKIP SON OF SEIKHOKHAI HAOKIP, AGED ABOUT 32 YEARS, RESIDENT OF ST. CHULLOUPHAI VILLAGE, DISTRICT CHURACHANDPUR, MANIPUR. VERSUS THE STATE OF NAGALAND REPRESENTED BY THE PUBLIC PROSECUTOR, KOHIMA, NAGALAND. Advocate for the Petitioner : I JAMIR, MEYIREN JAMIR,ASEN T JAMIR Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 09.04.2026 The instant application under Section 438 R/W 442 of the BNSS has been preferred by the petitioner praying for the release/interim custody of Page No.# 2/4 the seized vehicle Fortuner bearing Registration No. ML-11-1111, Engine No. 1KUD057207, Chassis No. MBJ11JV515029669 along with RC Book and ignition key. 2. Heard learned counsel for the petitioner, Mr. I. Jamir. It is stated that on 20.02.2023, the petitioner had bought the seized vehicle, Fortuner from one Mr. Mafijul Hoque for an amount of ₹8,00,000/- (Rupees Eight Lakhs only) by executing a Sale Deed dated 20.02.2023. It is further stated by the petitioner that his vehicle was seized in connection with Special Case No. 12/2023 in Khuzama PS Case No. 06/2023 under Section 21(c)/60 NDPS Act. It is further stated by the learned counsel for the petitioner that he is not an accused in the aforementioned Special Case No. 12/2023. It was on 18.03.2023 that the present petitioner had handed over his Fortuner vehicle to one Mr. Phundreimayum Nawaz on hiring/rental charges of ₹30,000/- (Rupees Thirty thousand only) per month. It is further submitted by the petitioner that he did not know and he was not aware that the said Phundreimayum Nawaz had been carrying the contraband substance in his vehicle and he is innocent and not aware of the activities which were being carried out in his vehicle. 3. It is further stated that the petitioner had moved another Zimma application before the Special Judge NDPS, Kohima. However, the same was rejected by Order dated 26.09.2025 on the ground that the petitioner could not prove his ownership over the seized vehicle. The learned counsel for the petitioner, therefore, submits that subsequently the original owner has come forward and given his statement before the I.O. and proved that the vehicle had been sold to the present petitioner and, Page No.# 3/4 therefore, the instant application may be allowed. 4. Learned Public Prosecutor, Mr. Veto V. Zhimomi has produced the updated Case Diary, wherein it can be seen that the original owner of the seized vehicle, Mr. Mafijul Hoque had been examined by the I.O. on 07.04.2026. According to the statement of Mr. Majiful Hoque he had bought the second-hand Fortuner vehicle bearing Registration No. ML-11- 1111 through OLX and kept the same for a few months. Thereafter, in February 2023 he sold the said vehicle to the present petitioner for ₹8,00,000/- and he further stated that his signature in the Sale Deed dated 20.02.2023 is genuine and the Sale Deed has been executed between him and the present petitioner. 5. In view of the entries in the Case Diary and the statement of the previous owner, Mr. Mafijul Hoque, it has been established that the present petitioner is now the owner of the said seized vehicle. Accordingly, the present petition is allowed. The vehicle, Fortuner bearing Registration No. ML-11-1111, Engine No. 1KUD057207, Chassis No. MBJ11JV515029669 is hereby released on Zimma to the petitioner on the following terms and conditions: i. Execution of Zimma Bond of ₹30,000/- (Rupees Thirty thousand only) to the satisfaction of the I.O. of the case. ii.The petitioner shall not change the colour or appearance of the vehicle during the pendency of the case. iii. The petitioner shall not sell the vehicle to another person during the Page No.# 4/4 pendency of the case and shall produce the same, if and when required by the Court or the I.O. 6. Petition is disposed. JUDGE Comparing Assistant