Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 3928 (GAU)

ROFIQUL ISLAM @ ROKIBUL ISLAM v. THE STATE OF ASSAM AND ORS

Crl.Rev.P./142/2026 · 2026-04-06

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010056262026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./142/2026 ROFIQUL ISLAM @ ROKIBUL ISLAM S/O. ABDUL MANNAN, R/O. VILL.- GORIABORI GAON, P/O. LOCHANABORI, DIST. MORIGAON, ASSAM,PIN-782126 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE PP, ASSAM. 2:THE OFFICER-IN-CHARGE DEMOW POLICE STATION P/O. DEMOW DIST.SIVASAGAR ASSAM 3:THE INVESTIGATIONG OFFICER OF DEMOW P.S CASE NO. 86/2025 C/O. THE OFFICER-IN-CHARGE P/O. DEMOW DIST. SIVASAGAR ASSAM Advocate for the Petitioner : MR A BORUAH, MR C GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.04.2026 Heard Mr. K Deka, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Page No.# 2/2 Assam. 2. This is an application under Section 438 read with Section 442 of the BNSS, 2023 challenging the order dated 11.02.2026 passed by the learned Addln. Chief Judicial Magistrate, Sivasagar. 3. In connection with Demow Case No.86/2025 police seized 9 (nine) cows of the present petitioner Rofiqul Islam @ Rokibul Islam. It may be stated that from some other persons, some other cattle were also seized. 4. The Investigating Officer has submitted before the trial court that the cows are no longer required for investigation. On that point, a question arose as to how 9 (nine) cows of Rofiqul Islam @ Rokibul Islam shall be identified. On that issue, the trial court refused the prayer of the petitioner. 5. Today, Mr. Deka has submitted that the purchased challans have full description of the cows and the cows shall be identified on the basis of the description given in the purchased challans. 6. The prayer of the petitioner is allowed. 7. The nine cows which were seized in connection with Demow P.S. Case No. 86/2025 shall be given in the custody of the petitioner on the basis of the description available in the purchased challans. 8. The custody of the cows shall be given to the petitioner on executing a bond of ₹50,000/-. With the aforesaid direction, the Criminal Rev. Petition stands disposed of accordingly. JUDGE Comparing Assistant