HIRAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Chaudhury, learned counsel for the petitioner and Ms. S.H. Bora, learned Addl. P.P. for the State of Assam.

(2.) The petitioner has approached this Court aggrieved by the order dtd. 13/10/2022 passed by the Court of the learned Chief Judicial Magistrate, 1 st Class, Cachar, Silchar whereby the learned Court rejected the petition No. 2264/2022, preferred by the petitioner seeking zimma/custody of vehicle bearing registration No. AS-01-GC-2434 (the vehicle for short), seized in connection with Silchar P.S. Case No. 2133/2022.

(3.) From the First Information Report (FIR) lodged in connection with Silchar P.S. Case No. 2133/2022 by the Incharge, Arunachal Outpost on 5/9/2022, pursuant to Arunachal Outpost G.D. Entry No. 48 dtd. 4/9/2022 it transpires that 80 bags of Burmese Supari were concealed in the boot space of the bus bearing registration No. AS-01-GC-2434, and the bus along with the Burmese Supari were seized in connection with this case. The petitioner Sri Hiran Ali has claimed to be the registered owner of the afore-mentioned bus. Two petitions were filed before the Court of the Chief Judicial Magistrate, Cachar at Silchar being petition No. 2264/2022 and 2265/2022 with prayer for custody of the vehicle along with 80 bags of Burmese Supari respectively. The petition No. 2264/2022 was filed on behalf of the present petitioner whereas the petition No. 2265/2022 was filed by another petitioner, namely, Mominul Islam Mazumdar for custody of the bags of Burmese Supari. Both the petitions were rejected by the learned Chief Judicial Magistrate vide a common order dtd. 13/10/2022. A report was to be obtained by the Additional P.P. from the IO regarding the vehicle and the Supari seized in connection with this case.