Page No.# 1/4 GAHC010072002026 2026:GAU-AS:7476 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./533/2026 ANUSREE TRADING AND EXIM PRIVATE LTD REGISTERED OFFICE AT 137, LAL GANESH,PO.O. ODALBAKRA, GUWAHATI- 781034 REPRESENTED BY ONE OF ITS PROPRIETOR MR. PRABIR PAUL, AGE 40 YEARS, SON OF BABULPAUL, HOUSE NO.1, PRAGATI PATH, LAL GANESH, DIST.KAMRUP (METRO), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 29-05-2026 Heard learned counsel Mr. K. Boruah for the petitioner, who has filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Page No.# 2/4 challenging the order dated 11.02.2026 passed by the learned Judicial Magistrate First Class, Cachar, Silchar, in connection with Borkhola PS Case No. 01/2026, rejecting the zimma petition No. 219/2026. 2. The petitioner Anusree Trading and Exim Private Limited, represented by its proprietor Prabir Paul, had filed the zimma petition No. 219/2026, praying for zimma of total 6919 kgs of seized areca nuts vide M.R. No. 04/2026. 3. The impugned order is marked as Annexure-G of the petition. The order reflects that the Investigating Officer (IO for short) has not been able to establish the actual owner of the seized areca nuts and the seized articles were essential for further investigation. 4. Now, at present, it is submitted on behalf of the petitioner that investigation has progressed. 5. Learned Additional Public Prosecutor Mr. K.K. Parashar has submitted that the IO has forwarded a report along with the Case Diary and has stated that no person has appeared before the Police Station with any valid documents, invoices, licenses and other supporting documents, regarding ownership of the seized Burmese areca nuts. A prayer has also been made by the IO not to release the areca nuts on zimma as the scientific examination reports are awaited. 6. It is also submitted by the learned Additional Public Prosecutor that the areca nuts were seized way back on 09.01.2026 and at present, it may not be fit for human consumption. Page No.# 3/4 7. I have considered the submissions at the bar with circumspection. 8. The scientific report has not been sent. The areca nuts may not be fit for human consumption. 9. However, learned counsel for the petitioner has submitted that the petitioner will provide every undertaking to dispose of the areca nuts in a manner according to the Standard Operating Procedure (SOP for short). It is submitted that the petitioner is the lawful owner of the areca nuts and he will submit all the documents required to prove before the authority that he is the lawful owner of the areca nuts and he will provide every undertaking to dispose of the areca nuts in the manner he will be directed to dispose of the same. 10. It is submitted that the areca nuts are perishable goods and it may not be even fit for industrial purposes if it is kept further in the Malkhana. 11. The submissions at the bar that regarding the seizure, disposal, zimma and other procedures relating to areca nuts is that, there is an SOP issued by the Additional Director General of Police, CID, Asam, Ulubari, Guwahati, vide CID-XI/SOP/Betel Nut/2021/3571 dated 16.09.2021. According to this SOP, even if the areca nuts are not fit for human consumption, there is no bar to allow zimma of the areca nuts to the owner as per Clause-15 of the SOP which is as follows :- “It may happen that even if the seizures are unfit for human consumption there may be an owner or a claimant who may submit a plea before the court that they would use such betel nuts as raw material for manufacture of some non-edible products and that the same will not be used for human consumption. It that case Supdt. of Police Page No.# 4/4 should get the claim verified and report to the court. If the claim is genuine, then the court should be requested to impose strict conditions to ensure that the betel buts are used as per claim and not for human consumption.” 12. It appears that the areca nuts are not required to be retained further if such an undertaking as submitted by the petitioner is executed before the appropriate authority. Accordingly, the order dated 11.02.2026 passed by the learned Judicial Magistrate First Class, Cachar, Silchar, in connection with Borkhola PS Case No. 01/2026 is set aside and quashed. The petitioner is at liberty to submit a petition before the learned Court/Magistrate with a prayer for zimma of the seized areca nuts along with an undertaking as per the SOP of the seized areca nuts vide CID-XI/SOP/Betel Nut/2021/3571 dated 16.09.2021, which may be considered in accordance with law. 13. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant