MOHD. SHAZID Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and also the learned Additional Public Prosecutor for the State of Assam.

(2.) The present petition has been preferred under Ss. 397/401 CrPC, challenging the order dtd. 15/11/2021, passed by the learned Sub-Divisional Magistrate (M), North Salmara at Abhayapuri, in APR PS Case No. 933/2021, whereby the prayer of the petitioner for custody of the truck has been rejected.

(3.) I have gone through the impugned order dtd. 15/11/2021, wherein the Court on the basis of the report of the IO has opined that the investigation of the said case is going on and none appeared along with the relevant documents, praying for custody of the seized truck as well as the cattle and accordingly, the Court rejected the prayer. The order of course is a cryptic one and the learned trial Court has not discussed about all the averments made by the petitioner vide Zimma Petition Nos. 607/2021, 608/2021 and 609/2021.