Page No.# 1/3 GAHC010045372026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./325/2026 SHIRAJUL KHAN S/O- RUMEZ KHAN. R/O- VILL.- UTTAR BHURIKHAMAR, P.S.- SARTHEBARI, DIST.- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, IMDADUL ISLAM,M RAHMAN,MR. M M ZAMAN,N J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 17.03.2026 Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned APP for the State. The police report called for from the Investigating Officer regarding the vehicle has been received. As per the report, the truck bearing registration Page No.# 2/3 number AS-01-NC-2736 was clandestinely transporting illegal Burmese areca nuts by constructing secret compartments and without any valid permission from the Transport Department. The grounds for objection to the ZIMA petition have been enumerated, from which it appears that suspected illegally smuggled areca nuts were recovered and that the ownership of the truck has not yet been verified. This Court has also referred to the order dated 18.02.2026, whereby the learned Trial Court rejected the prayer for custody of the seized truck solely on the ground that the ownership of the truck had not been ascertained till then. The learned counsel for the petitioner has submitted that given an opportunity, he would be able to establish the ownership of the truck and, thereafter, if the seized vehicle is released to him in custody, he would ensure that appropriate care is taken for the production of the vehicle during the course of investigation as well as during the trial, if any. It has also been submitted that the vehicle would be made readily available for confiscation, if so required, in compliance with any order that may be passed by the learned Trial Court. On the other hand, the learned APP has submitted that since the ownership of the truck is in doubt and the vehicle was allegedly used for transporting illegal Burmese areca nuts, the prayer for custody ought to be rejected. This Court has considered the submissions made by the learned counsel for the parties. Since the ownership of the truck is the only factor on which the learned Trial Court declined to grant custody of the vehicle, it is directed that the petitioner shall appear before the Investigating Officer on or before 06.04.2026 along with all relevant documents to establish the ownership of the Page No.# 3/3 vehicle. In the event the petitioner is found to be the owner of the vehicle upon verification of the documents, the seized vehicle shall be released to his custody. Accordingly, the petitioner shall appear before the Investigating Officer, who, upon proper verification of the credentials and upon being satisfied that the petitioner is the owner of the vehicle, shall release the vehicle to the petitioner on his furnishing a bond of Rs. 50,000/- for production of the vehicle as and when required during the course of investigation or trial, if any. This Criminal Petition is disposed of. The case diary called, which has been received, may be returned. The report dated 16.03.2026 is kept on record marked as ‘X’. JUDGE Comparing Assistant