Page No.# 1/3 GAHC010282092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1629/2025 ANOWAR SK S/O- ATOWAR RAHMAN, R/O-152 KASHARI PARA, WEST GARO HILLS, HALIDAYGANJ, MEGHALAYA, PIN-794104. PRESENT ADDRESSR/O- HATIGAON, P.O P.SHATIGAON, GUWAHATI-781038. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MD A ALI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 05-01-2026 Heard Mr. A. Ali, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam. 2. The instant criminal petition under Section 528, Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita [BNSS], 2023 is preferred seeking a direction for custody of one Earth Moving Machine [JCB 3DX SUPER-4WD] [‘the subject-vehicle’, for short] the bearing registration no. AS-01/FE-4576, which has been seized in connection with Barpeta Police Station Case no. 393/2025. 3. In a First Information Report [FIR] lodged by one Anowar Hussain before the Officer In-Charge, Barpeta Police Station on 13.11.2025, the informant has inter alia alleged that the Earth Moving Machine [‘the subject-vehicle’], was sold to the petitioner at a consideration of Rs. 9,00,000/- by the informant by executing an agreement. In the agreement, it was mentioned that the subject- vehicle was financed by Yes Bank [‘the Financier Bank’] and the petitioner was obligated to repay the installments, remaining as on that date, in time to the Financier Bank. It was further mentioned that in the event of default on the part of the petitioner to pay any of the thirty-seven remaining installments, the informant would have the right to repossess and retain the subject-vehicle. In the FIR, the informant had alleged that the petitioner had only paid fourteen nos. of installments to the Financier Bank, that too, irregularly and he failed to pay the remaining twenty-three nos. of installments. On the basis of the FIR, Barpeta Police Station Case no. 393/2025 was registered under Section 316[2], BNSS on 14.11.2025. 4. The petitioner has to approach the jurisdictional Magistrate Court seeking custody of the subject-vehicle, which was seized from his possession by the I.O. of Barpeta Police Station Case no. 393/2025 vide a seizure list, M.R. no. 407/2025 on 14.11.2025. Instead, the petitioner has approached this Court by preferring the instant criminal petition under Section 528, BNSS, seeking Page No.# 3/3 custody of the subject-vehicle, which is found to be not maintainable. In this connection, the decision of the Hon’ble Supreme Court in Khengarbhai Lakhabhai Dambhala vs. the State of Gujarat, [2024] 4 SCR 606, can be referred to. 5. Consequently, the present criminal petition is dismissed. No cost. JUDGE Comparing Assistant