(1.) Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent.
(2.) This is an application under Ss. 397/401 of the Code of Criminal Procedure for setting aside and quashing the impugned order dtd. 13/10/2022, passed by the learned Chief Judicial Magistrate, Cachar, Silchar, whereby, the learned Court below rejected the prayer of the petitioner for Zimma of 85 bags of Betel nuts seized in connection with Silchar P.S. Case No. 2133/2022.
(3.) It is stated that the petitioner purchased the Betel nuts from the village of Banskandi area in the District of Cachar and collected 85 bags of Betel nuts in order to transport the same to Howly town in the District of Barpeta, Assam. The petitioner paid necessary E-Way bills on different dates, for which, GST of total 85 bags of local Betel nuts have been paid using the respective addresses of the proprietors with their consent. In order to transportation of Betel nuts, the petitioner contacted with one Jakir Hussain Laskar, who is a truck driver, and handed over the possession of the Betel nuts to him on 4/9/2022, at about 9.00 a.m. But, on the same day, at about 10.00 p.m., the petitioner was informed about the seizure of Betel nuts and he came to know that the police of Arunachal outpost suspected the Betel nuts as Burmese Supari. The Arunachal outpost, accordingly, made a G.D. Entry No. 48, dtd. 4/9/2022, and also arrested the truck driver- Jakir Huaain Laskar and another driver, namely, Khairul Islam Laskar, of Night Super bus, bearing Registration No. AS-01-GC-2434, by whom the Betel nuts were carried through the Night Super. Subsequently, on 5/9/2022, the case was registered as Silchar P.S. Case No. 2133/2022, under Ss. 120B/416/418/420/379/413 of the Indian Penal Code. Accordingly, the 80 bags of Suparis, suspected to be Burmese Suparis, were also seized by the police preparing Seizure List.