Page No.# 1/2 GAHC010013552026 2026:GAU-AS:1386 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./104/2026 ABDUL ALIM S/O TARA BEG, R/O VILL BARAPETA, PS GOBARDHANA, DIST BAKSA, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,MD A RAHMAN,MS SURAYA RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.02.2026 1. Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 27.10.2025, passed by the learned Sessions Judge, Cachar, Silchar in NDPS Case No.11/2025, arising out of Dholai P.S. Case No.171/2024. Page No.# 2/2 3. The learned Court below gave custody of the vehicle bearing registration No.As-28-AC-1449 to its registered owner on a condition that the registered shall have to furnish a bank guarantee equivalently to value of the vehicle. 4. After considering the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that the condition put by the Court below is a stringent condition for which the petitioner may not have his vehicle in future. Therefore, the impugned order is modified. 6. The petitioner Abdul Alim is allowed take custody of the said vehicle on execution of a bond of Rs.2,00,000/-. 7. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant