Page No.# 1/2 GAHC010016172026 2026:GAU-AS:1469 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./114/2026 MRS SUMAN SOOD W/O LATE DINESH KUMAR SOOD, R/O PRASANTI PRIME APARTMENT, UNIT 1, FLAT NO 402, OPP APSARA CINEMA, AM ROAD, GUWAHATI, PS PALTANBAZAR, DIST KAMRUP (M) VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SI UB FARUK HUSSAIN MAZUMDAR SI (UB) S/O LATE AKAND NOBI MAZUMDAR R/O PANCHAGRAM PO AND PS PANCHAGRAM DIST HAILAKAND Advocate for the Petitioner : MR. A DEKA, S KAR,MR. S BORTHAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2026 1. Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. K .K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 25.09.2025, passed by the Page No.# 2/2 learned Special Judge, Hailakandi in Panchgram P.S. Case No.06/2025. 3. A Bus bearing registration No.AS-01-FC-8199 was seized by Police. After recovery of narcotic drugs from the bus, the petitioner being the registered owner prayed for custody of the said vehicle. 4. Learned Trial Court called for a report from the Investigating Officer and the Investigating Officer reported that the vehicle was not required for investigation in spite of that, the Trial Court refused to give custody of the vehicle on the ground that for some time the vehicle might be required for confiscation under Section 60(3) of the NDPS Act. 5. I have considered the submissions made by the learned counsel for both sides. 6. On the face of the record, the opinion expressed by the learned Special Judge, Hailakandi is bad in law. Without further deliberation on that issue, the impugned order dated 25.09.2025 is set aside. 7. The vehicle bearing registration No.AS-01-FC-8199 shall be given to its registered owner on taking a bond of Rs.2,00,000/-. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant