STATE OF ASSAM Vs. LALHRUAIZELA

JUDGEMENT

(1.) Heard Mr. P.N. Goswami, learned Addl. Advocate General, Assam, being assisted by Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the petitioners. Also heard Mrs. S.B. Choudhury, learned counsel appearing for the respondent.

(2.) In this petition under Sec. 482 of the CrPC, the petitioner i.e. the State of Assam, represented by the Commissioner and Secretary, Govt. of Assam, Home and Political Department and Sri Mayank Kumar, Superintendent of Railway Police, Pandu, Assam has challenged the legality, propriety and correctness of the judgment and order dtd. 23/5/2022, passed by the learned Sessions Judge, Hailakandi in Crl. Revision No.38/2022. It is to be noted here that vide the impugned judgment and order dtd. 23/5/2022, the learned Sessions Judge, Hailakandi has set aside the order dtd. 6/5/2022, passed by the learned CJM, Hailakandi, in Badarpur GRPS Case No.33/2022, under Ss. 120(B)/420/471/413/34 IPC and directed to release 530 bags of seized betel nuts (areca nuts), in favour of the revisionist, on executing a bond of Rs.1,20,75,000.00 (Rupees one crore twenty lac seventy five thousand) only.

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