Page No.# 1/2 GAHC010014542026 2026:GAU-AS:3301 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./280/2026 NITYANANDA KAMAN S/O LT. BHUBAN CHANDRA KAMAN R/O VILL AND P.O. BILMUKH, P.S. GHILAMARA, PIN-787053, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2026 1. Heard Mr. J. C. Gogoi, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, 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, praying for modification of the order dated 20.01.2026, Page No.# 2/2 passed by the learned Sub-Divisional Judicial Magistrate (M), Biswanath in respect of Behali P.S. Case No.107/2025. 3. Learned counsel for the petitioner has referred to Rule 12(3) of the Assam Cattle Preservation Rules, 2022 and submits that, as per the said Rule, the cost incurred towards treatment, maintenance and transportation of the seized animals can be recovered from the accused only upon conviction for an offence under the Act. 4. Here in this case, the petitioner has not yet been convicted therefore, the third condition of the order dated 20.01.2026 is not maintainable. The Zimmadar shall not make payment towards the cost of maintenance of the Cattle to the Dhyan Foundation. 5. Accordingly, this Criminal Petition is allowed. 6. The third condition of the said order is modified accordingly. 7. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant