MD. MAHBUB ALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Cr.P.C, the petitioner prays for quashing of the impugned order dtd. 24/12/2021 passed by the Sub-Divisional Judicial Magistrate(S) Karimganj in Bazaricherra, pertaining to Bazaricherra P.S. Case No.214/2021, under Ss. 418/411 of the IPC.

(2.) Heard Mr. H.R.A. Choudhury, the learned counsel for the petitioner. Also heard the submission of Mr. B. Sarma, the learned Addl. P.P., Assam, representing the State/respondent.

(3.) The Police officer of Kathaltali, Watch Post leading with O/C, Bazaricherra P.S, at the time of regular checking found 91 bags of suspected dried Areca betel nut on suspicion, to be Burmese betel nut from the house of the present petitioner Mahbub Alam. As his reply to the police was not satisfactory regarding the documents and possession of the articles, the aforesaid betel nuts were seized and on 8/11/2021, a case was registered against the petitioner as Bazaricherra Police Station Case No. 214/2021, under sec. 418/411 of the IPC. The petitioner herein filed a petition praying for zimma of the said seized article and the learned Court after obtaining a report from the I.O. passed an order dtd. 15/11/2021 and thereafter hearing the learned counsel for both the parties zimma was given to the petitioner with certain conditions not to sale the articles in the market till completion of the investigation and he will produce the said articles as and when required before the Court. Subsequent there to, the Court on the basis of the report of the I.O., passed order dtd. 24/12/2021, that as per the report received from the Food Safety Officer, Karimganj, the sample of the said supari is not suitable for human consumption, and directed the I.O for destruction of the said articles as per procedure with intimation of the registered owner to produce the same by fixing 4/1/2022 for report.