SUNIL GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.S.Choudhury, learned Sr. counsel assisted by Mr. R. Ali. None appears for the State. The previous orders of this Court reveal that this case was earlier adjourned on various dates on the request of the learned P.P. Assam for production of Case Diary (for short 'C.D.'). But no C.D. has been produced. Even today also when the matter is taken up for hearing as fixed item, as ordered by this Court earlier on 13.8.2002, no C.D. has been produced nor has anyone appeared on behalf of the State. During the course of hearing, it appears that the matter is yet to be admitted. Accordingly, Revision is admitted and made returnable forthwith.

(2.) By this criminal revision, the petitioner has assailed the impugned order dated 17.4.2002 passed by learned Special Judge, Kokrajhar In Special Case No. 5/ 2002 rejecting the prayer for Zimma of 19,500 Kgs. of C.R. Coils (Building Rods) seized on 27.3.2002 by the police at Srirampur Gate.

(3.) The case of the petitioner, in short, is that on 18.3.2002 the petitioner, the proprietor, who is carrying transport business, of M/s Vindhyachal Transport Company situated at Beltola, Basistha Charali, Guwahati received 19,500 kgs. of C.R. Coil from M/s Steel Authority of India Ltd., Guwahati to be delivered at Kanpur. The petitioner transported the said goods through the truck in question bearing No.UP-30A/4361. During the transit of the said goods by the said vehicle, the Inspector of Excise intercepted the said vehicle at Srirampur Gate in the district of Kokrajhar on suspicion and found 48 numbers of packets of contraband Ganja weighing about 1483.00 Kgs. wrapped in gunny bags. As a result, the vehicle was seized along with the petitioner's C.R.Coil and a case being numbered as Special Case No.5/2002 was registered u/s 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'). Against such seizure the petitioner approached the learned Special Judge, Kokrajhar praying for Zimma of the said C.R.Coil. The learned Special Judge by his order dated 17.4.2002 rejected the prayer for Zimma of the petitioner. Hence this revision petition.