Page No.# 1/4 GAHC020001072026 2026:GAU-NL:195 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./4/2026 VIHRII PANII S/O PANII, R/O TUNGAM AFII, PO/PS TADUBI, SENAPATI DISTRICT, MANIPUR VERSUS THE STATE OF NAGALAND NAGALAND. Advocate for the Petitioner : B. SOTO, Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 30/03/2026 The instant application under Section 528 of the BNSS has been filed seeking a direction for release of the seized vehicle Mahindra Bolero bearing Registration No. AS-11T-1816, Chassis No. MA1XL2XKXL5C34864, Engine No. XKL6C21907, which has been seized in connection with Special Page No.# 2/4 Case No. 21/2025 arising out of Narcotic Cell P.S. Case No. 10/2025 under Section 21(c) of the NDPS Act read with Sections 3(5)/61(1)(a)/111(2)(b) BNS. 2. Heard learned counsel for the petitioner, Mr. B. Soto as well as Mr. E. Thiba Phom, learned Public Prosecutor. 3. The case of the petitioner is that his Mahindra Bolero bearing Registration No. AS-11T-1816, Chassis No. MA1XL2XKXL5C34864, Engine No. XKL6C21907 was seized on 17.08.2025 by the personnel of Narcotic Cell P.S. Cell Kohima. It is stated that nothing was recovered was recovered from the seized Mahindra Bolero. It is stated that the petitioner is not involved in the instant case and is also not arrayed as an accused in the instant case. 4. It is submitted that the petitioner is the lawful owner of the seized vehicle which has purchased from one Mr. Jayanta Kalita through a genuine car dealer namely, J.J. Highway Motors by executing a valid sale transaction. It is further submitted that after the purchase of the said vehicle and upon obtaining all the necessary documents, the petitioner has also obtained the No-Objection Certificate from the Transport Department, Cachar, Government of Assam. However, before the vehicle could be registered in his name, the same has been seized and is in police custody since 17.08.2025. 5. Learned counsel for the petitioner submits that if the vehicle is kept open in police custody any longer it will cause severe financial hardship to Page No.# 3/4 the petitioner and the vehicle will also be exposed to natural deterioration, loss of value and mechanical damage. 6. It is further submitted by the learned counsel for the petitioner that a previous Zimma Application was also filed before the Special Judge, NDPS, but the same was dismissed by an order dated 04.02.2026. Being aggrieved, the petitioner has approached this Court. 7. The learned Public Prosecutor, Mr. E. Thiba Phom was instructed to contact the I.O of the Case and to get necessary instructions as to whether the sale of the vehicle to the petitioner is genuine and legal. The learned Public Prosecutor has produced a report from the I.O of the case and also an affidavit of declaration executed by the Mr. Jubair Ahmed, the proprietor of J.J. Highway Motors dated 13.03.2026. The learned Public Prosecutor has also produced the updated Case Diary and specifically, the entry on 18.03.2026 where the I.O has indicated that Mr. Jubair Ahmed, the proprietor of J.J. Highway Motors has appeared before the I.O and has produced the self declaration in affidavit counter-signed by the Notary, Government of Assam. 8. This Court has considered the submission of the petitioner and has perused the Case Diary as well as the affidavit of declaration. The proprietor of J.J. Highway Motors has specifically declared that he had sold the vehicle bearing registration No. AS-11T-1816, Mahindra Bolero to Mr. Vihrii Panii/ petitioner by executing sale deed dated 21.06.2025. The affidavit also declares that the sale deed executed between J.J. Highway Motors and the petitioner on 21.06.2025 is legal, valid and genuine. The Page No.# 4/4 proprietor has also further declared that the vehicle was earlier owned by Mr. Jayanta Kalita and the same had been sold to the petitioner herein. 9. The Court is satisfied that the sale and purchase made between the petitioner and the previous owner i.e., Mr. Jayanta Kalita is genuine and valid, and accordingly, this petition is allowed, on the following conditions: i. Execution of a Zimma bond for Rs. 30,000/- to the satisfaction of the Investigation Officer. ii. The petitioner shall not make any changes to the colour or appearance of the vehicle. iii. The petitioner shall not sell or dispose of the vehicle during the pendency of the case. iv. The petitioner shall produce the seized vehicle if and when required by the court or by investigating agency. Petition stands disposed. JUDGE Comparing Assistant