Page No.# 1/7 GAHC010044942026 2026:GAU-AS:7629 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./137/2026 MUZAKKIR AHMED S/O AHMED HUSSAIN, R/O KADIMAN, WARD NO 5, P.S. BADARPUR, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA JUDGMENT 01.06.2026 [1] Heard Mr. H.R.A. Choudhury, the learned senior counsel, assisted by Mr. J.M. Sulaiman, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/7 [2] This application under Section 442/438 of BNSS, 2023 has been preferred by the petitioner, namely, Muzakkir Ahmed, impugning the order dated 19.01.2026, passed by the court of the learned Additional Sessions Judge, FTC, Sribhumi, Assam in Special (BUDS) Case No. 04/2025, arising out of Badarpur P.S. Case No. 44/2025, where the prayer for grant of Zimma of the seized vehicle in the aforesaid case was rejected by the trial court. [3] The facts relevant for consideration of the instant revision petition, in brief are that on 09.03.2025, one ASI, A.C. Paul of Badarpur Police Station had lodged an FIR before the Officer-in-Charge of Badarpur Police Station against the present petitioner and one another person, inter alia alleging that they are collecting large sum of money from pubic under the pretence of investigating the same in stock market/trading with a promise of high return to them and in the garb of the same, they are running a fraudulent investment scheme. [4] The learned senior counsel for the petitioner has submitted that on the basis of the aforesaid FIR, Badarpur P.S. Case No. 44/2025, was registered and in the said case, during the course of investigation, two vehicles belonging to the present petitioner, namely, one Scorpio Vehicle bearing Registration No. AS-10G-2770 and one car bearing Page No.# 3/7 Registration No. AS-01GB-4570 was seized in the said case on 08.03.2025 by preparing seizure list bearing MR No. 35/2025. He submits that since the date of seizure, the said vehicles are kept under open sky in the Police Station campus. He further submits that the retention of the said vehicles when police is against the mandate of the guidelines issued by the Apex Court in the case of “Sunderbhai Ambalal Desai Vs. State of Gujarat” reported in “(2002) 10 SCC 283.” [5] He submits that the petitioner has purchased the aforesaid vehicles by taking the loan and has to repay the loan on EMI’s. However, due to seizure of the vehicles, he has been put into great difficulty. [6] He further submits that the petitioner is ready to produce the vehicle at any time before any authority if same is required either for the purpose of investigation or for the trial. [7] He also submits that no beneficial purpose would be served by retaining the vehicles under open sky and, therefore, he submits that the concerned court may be directed to release the vehicles by directing the petitioner to execute a Zimma for production of the same. [8] In support of his submissions, the learned senior counsel for the petitioner has also cited a ruling of the Apex Court in the case of “Bishwajit Dey Vs. Page No.# 4/7 State of Assam” reported in “(2025)3 SCC 241.” [9] On the other hand, the learned Additional Public Prosecutor has fairly submitted that though the law regarding retention of vehicles during investigation has been settled by the Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat (supra), however, he submits that since in the instant case, the accusation against the petitioner is regarding duping the general public of huge sum of money and there is also reasonable suspicion that the vehicles might have been purchased from the proceedings of the crime. As such, he prays that in the event of this court grants Zimma of the vehicles to the petitioner adequate bank guarantee may be taken for the same from the petitioner. [10] I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record. [11] I have also gone through the rulings cited by the learned senior counsel in support of his submissions. [12] On perusal of the impugned order dated 19.01.2026, passed by the trial court in Special (BUDS) Case No. 04/2025, it appears that the trial court has rejected the prayer for Zimma mainly on the basis of opposition to grant of Zimma made by the Investigating Page No.# 5/7 Officer of the said case and also considering the fact that the petitioner has been found involved in the offence alleged against him. [13] I have also gone through the report which was called for by this court from the Officer-in-Charge of Badarpur police station. On going through the report furnished by the Officer-in-Charge of Badarpur police station, it appears that this time also the police have objected regarding grant of Zimma to the present petitioner mainly on the ground of gravity of accusation made against him in the connected case. [14] However, it appears from the report that the investigation has already been completed and the charge sheet has been laid in this case bearing charge sheet No. 58/2026 dated 29.04.2026. [15] The fact that the vehicles are lying in the campus of Badarpur police station, for last more than one year, is not disputed by anyone. [16] The Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat (supra), has observed that it is no use to keep the seized vehicle at police station for a long period and it is open to the Magistrate to pass appropriate orders immediately by taking a bond or a guarantee as well as security for return of the said vehicle, if required at any point of time. Page No.# 6/7 [17] In the instant case also, this court is of considered opinion if it can be ensured that the petitioner will produce the vehicles before the trial court as and when so required by the trial court, no purpose would be served by keeping the vehicles under open sky as same will only result in the grading the value of vehicle and damaging on the same. [18] The reasons cited by the trial court for rejecting the Zimma prayer can also not be appreciated. Hence, this court allows this revision petition and set aside the impugned order dated 19.01.2026, passed by the trial court. [19] The present revision petition is immediately allowed with directions to the trial court to release the above mentioned vehicles, in interim to the present petitioner, the Officer-in-Charge of Badarpur police station is directed to prepare a Zimmanama and inventory of both the vehicles as well as also take photographs of the vehicles from different angles and tag the same in the case record. The Zimma of the aforesaid vehicles shall be given to the petitioner on furnishing a bond of Rs. 15,00,000/- each with an undertaking to produce the same before the trail court as and when necessary. The petitioner is also directed not to part with the ownership of the said vehicle without the leave of the trial court. Page No.# 7/7 [20] With the above observations, this revision petition is disposed of. JUDGE Comparing Assistant