Page No.# 1/4 GAHC010085272026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./244/2026 MD ABJARUL ISLAM ALIAS HUSSAIN AND ANR S/O AKBAR ALI R/O VILL OUANA, P.S.-RUPOHIHAT, DISTRICT NAGAON, ASSAM 2: MD RIAJ UDDIN S/O TALIM UDDIN R/O VILL GEREKANI BEEL P.S.-DHING DISTRICT NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date - 26.05.2026 1. Heard Mr. T. Chutia, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This application under Section 438/442 of BNSS, 2023 has been filed by the petitioners, namely, (1) Md. Abjarul Islam alias Hussain, and (2) Md. Riaj Uddin, impugning the order dated 11.02.2026 passed by the Court of the learned Additional Chief Judicial Magistrate, Sivasagar in connection with the Demow P. S. Case No. 86/2025, whereby the prayer for grant of zimma of 36 numbers of bulls, which were seized with the above mentioned case, which was rejected by the Trial Court. 3. The learned counsel for the petitioners has submitted that the petitioners along with one another person, namely, Rofiqul Islam have purchased the cattles which were seized in connection with the above- mentioned case from Madhavpur/Bordusa Weekly Market, Tinsukia and had valid purchase receipts against each of the cattles. 4. However, the Trial Court considering the objection made by the Investigating Officer declined to grant zimma of the seized cattles. 5. The learned counsel for the petitioners has submitted that in the meanwhile, one of the owner of the seized cattles namely, Rofiqul Islam @ Rokibul Islam had approached this Court by filing a Criminal Revision Petition and a Coordinate Bench of this Court by its order 07.04.2026 passed in Criminal Revision Petition No. 142/2026 has granted the zimma of 9 out of 44 numbers of seized cattles to Rofiqul Islam on furnishing a bond of Rs. 50,000/-. 6. He submits that the present petitioners are situated on same footings as that of Rofiqul Islam and he, therefore, submits that the prayer for grant for zimma made by the petitioners may be allowed by setting aside the impugned order. Page No.# 3/4 7. On the other hand, Mr. B. Sarma, the learned Additional Public Prosecutor has opposed the prayer made by the learned counsel for the petitioners on the ground that in the case of Rofiqul Islam @ Rokibul Islam also the report of the Investigating Officer was considered and, therefore, a report may be called for from the Investigating Officer of the Demow P. S. Case No. 86/2025. 8. I have considered the submission made by the learned counsel for both sides and have also gone through the materials available on record. 9. On perusal of the order dated 07.04.2026 passed in Criminal Revision Petition No. 142/2026, it appears that in the said order, it has been stated that on perusal of the report of the Investigating Officer, it appears that the Investigating Officer has submitted before the Trial Court that the cows are no longer required for the investigation. 10. It also appears that the present petitioner stands on the same footing as that of Rokibul Islam to whom 9 cattles have already been given zimma by the Coordinate Bench of this Court. 11. Since the cattle seized in the above-mentioned case are no longer required for the purpose of investigation, retaining them with police would serve no purpose, accordingly, the petitioners are allowed to take zimma of the remaining 35 numbers of cattles on furnishing a bond of Rs. 20,000/- each against each of the cattle before the Investigating Officer of Demow P. S. Case No. 86/2025. 12. At the time of giving the zimma of the above mentioned cattles to the petitioners, an inventory shall be prepared by the Investigating Officer Page No.# 4/4 and photographs of each of the cattle shall also be taken and kept in the record for future reference. 13. With the above observation, this Criminal Petition is allowed. JUDGE Comparing Assistant