MD. RAJIBUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition, under Ss. 401/397 of the Code of Criminal Procedure, is directed against the order dtd. 9/6/2022, passed by the learned Judicial Magistrate, Bokajan, Karbi-Anglong, Assam, in Khatkhati P.S. Case No. 27/2022, under sec. 379/411 IPC. It is to be noted here that vide impugned order, dtd. 9/6/2022, the learned Judicial Magistrate, Bokajan, Karbi-Anglong, Assam, has rejected the petition No. 105/2022, filed by the petitioner- Md. Rajibul Islam, seeking custody of 26 bags of betel nuts, seized by Police in connection with the aforementioned case.

(2.) The factual background, leading to filing of the present petition, is briefly stated as under:

(3.) Being highly aggrieved, the petitioner has approached this court by filing the present petition, on the ground that the learned court below had failed to consider the fact that the seized betel nuts, are lying in the police station for more than 128 days, and that it had failed to consider the report of the I.O. that the seized betel nuts were not required for the purpose of investigation, and that no body, except the petitioner had claimed the betel nuts, and that the petitioner, had purchased the same locally from Zutovi Village, Dimapur, Nagaland and transporting the same to Rupahi, and that the petitioner is ready to pay tax for the same, and that the value of the betel nuts are diminishing day by day and subject to speedy and natural decay and in the event of damage, the petitioner will suffer loss of Rs.4,50,000.00, and that the learned court below had failed to exercise its jurisdiction under sec. 451 Cr.P.C. and that one Mobile Phone was also seized by Police and the same is required for his personal use and therefore, it is contended to allow the petition.