CHANDIKA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner was tried in FIR No. 66/90 of Dhubri Police Station, District Dhubri dated 17.2.90 under Sections 143/458 etc. but was acquitted on 5.12.92 (GR Case No. 200/90). Howerver no order was passed regarding the disposal of the seized property by the learned Magistrate. An application was moved by the petitioner for release of the articles seized during the investigation in the aforesaid case and an 7.7.1993 the following order was passed by the learned Magistrate:-

(2.) Pursuant to the aforesaid order:, the articles which were seized from the petitioner were released to him on 28.3.94. It was alleged by the petitioner by the petition dated 11.4.94 which came up for hearing before the learned Magistrate on 20.4.1994, that just 3 days after the release of the articles to the petitioner, pursuant to the order dated 7.7.93, the police had forcibly again taken the said articles from him without any sanction of law. The prayer was made that the police be directed to hand over the articles which were again seized on 31.3.94. On 3.6.94 the following order was passed by the learned Magistrate:-

(3.) I have heard the learned counsel for the parties.