Page No.# 1/2 GAHC010082512026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./239/2026 MR RATNESWAR CHUTIA SON OF LATE BAPUTI CHUTIA PERMANENT RESIDENT OF VILLAGE - LOHOLIA GAON, PO- EKARANI, PS- BORHOLA, PIN- 785631, DISTRICT - JORHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, STATE OF ASSAM 2:MR BIPUL GOGOI OFFICER IN CHARGE BORHOLLA POLICE STATION DISTRICT - JORHAT ASSAM (INFORMANT Advocate for the Petitioner : MR. R HAZARIKA, MR D DAS,MR B P SARMAH,MR. C CHAKRAVARTY Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.06.2026 Heard Mr. R. Hazarika, learned counsel appearing for the petitioner. Also heard Mr. K K Porasor, learned Additional Public Prosecutor, Assam. This is an application filed under Sections 438/442 of the BNSS, 2023 challenging the order dated 20.03.2026 passed by the learned Special Judge, Jorhat in Special (NDPS) Case No. 50/2025. One Bolero vehicle bearing Registration No. AS-03-AP-1303 was seized in this case after filing of the chargesheet. The present petitioner being the registered owner prayed for custody of the said vehicle. The Trial Court primarily rejected the prayer on the ground that confiscation proceeding might be initiated for the said vehicle. I have considered the submissions made by the learned counsel for both sides. The trial is going on. One prosecution witness has already been examined and the refusal of the Trial Court for custody prayer is based on mere apprehension only. Nothing would be served by keeping the vehicle in custody. Therefore, prayer for custody of the vehicle aforesaid is allowed. In view of the above, the custody of the vehicle bearing Registration No. AS-03-AP-1303 [Mahindra Bolero B6 BS-VI)] shall be given to its registered owner after proper verification on taking a bond of Rs.50,000/-. The criminal revision petition is disposed of. JUDGE Comparing Assistant