Page No.# 1/3 GAHC010082132026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./233/2026 MD RAFIQUL ISLAM S/O NAZIM UDDIN RESIDEN TOF VILL- MALAHUGAON, MORIGAON, P.O. AND P.S. BHURAGAON, DIST. MORIGAON, ASSAM, PIN-782121 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. A R BHUYAN, MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 14.05.2026 Heard Mr. A.R. Bhuyan, the learned senior counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam. Page No.# 2/3 2. This is an application under Section 438 read with Section 442 and 528 of the BNSS, 2023 challenging the orders dated 08.04.2026 and 22.04.2026 passed by the learned Sub-Divisional Judicial Magistrate, Bokajan in Khatkhati P.S. Case No.31/2026. 3. Twenty-five number of buffaloes while they were carried in a vehicle, were seized by police on an accusation that they were stolen properties. 4. The petitioner claiming to be the owner of the buffaloes, filed an application before the court below seeking their custody. The petitioner produced some documents in support of his claim. The court below held that the petitioner is the rightful owner of the buffaloes and the Investigating Officer was directed to give custody of 25 numbers of black coloured male buffaloes to the petitioner. 5. This Court had called for a report from the Investigating Officer. The Investigating Officer has reported that the documents submitted by the petitioner in support of his claim are not genuine documents. The Investigating Officer has reported that the petitioner had approached the Collector and Secretary of Monday Weekly Bazar namely, Shri Kshalekho Khamoio and Shurhosul Zhosto seeking some back dated money receipts showing fictitious transactions of 52 buffalos. These two persons had stated like that in their statements recorded under Section 183 of the BNSS, 2023. 6. I have considered the submissions made by the learned counsels of both sides. 7. At this stage, this Court is of the opinion that the view taken by the court would get precedence over the view taken by the police officer. When court at Bokajan had given custody of 25 numbers of buffaloes to the present petitioner, that order must be complied with. Therefore, the report sent by the Investigating Officer is not accepted. 8. It is hereby directed that the 25 numbers of seized buffalos shall be given in custody of the present petitioner Md. Rafiqul Islam on taking a bond of ₹1,000,00/- (rupees one lakh). Page No.# 3/3 With the aforesaid direction, the criminal revision petition is disposed of. JUDGE Comparing Assistant