HANIF UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. I.A. Hazarika , learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Addl. P.P. for the State of Assam.

(2.) This petition is filed by the petitioner Nos. 1 and 2 under Ss. 397/401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging the order dtd. 6/5/2022 passed by the Court of the Special Judge, Goalpara in connection with Goalpara P.S. Case No. 85/2022 under Ss. 20(b)(ii)(B)/29 of the Narcotic Drugs and Psychotropic Substances Act (the Act for short) whereby the zimma petition filed by the petitioner No. 1 for custody of the seized boat owned by petitioner No. 1 bearing S.R. No. 19.20 M boats 3.30 M, Engine No. 200.7003/2220 was rejected.

(3.) It is submitted on behalf of the petitioner that the order was passed without proper appreciation of material on record. The petitioner No. 1 belongs to a respectful family and is a businessman by profession and owner of an engine boat which he has purchased by procuring a loan. It is submitted that the petitioner's livelihood depends on the income earned by plying the boat. The boat was seized in connection with this case and the FIR unfolds that on 12/4/2022 at about 4.45 AM on the basis of an information regarding transportation of suspected ganja from Jaurimari Ghat, Barpeta to Kachari Ghat, Goalpara by engine boat, the informant along with the staff reached the Kachari Ghat and detained the boat and apprehended three persons. Four polythene packets containing suspected ganja was recovered and the same were seized alongwith the boat. The petitioner No. 1 was arrested by the police in connection with the afore-mentioned case and produced before the Court of the CJM at Goalpara and thereafter the petitioner was forwarded to custody and finally the petitioner was released on bail vide Order dtd. 13/6/2022 of this Court in B.A. No. 1203/2022. It is submitted on behalf the petitioner that a false case has been slammed against the petitioner No. 1. The petitioner No. 1 purchased the afore-mentioned boat for commercial purpose and engaged two employees, who are also the co-accused, as helpers for running the boat. The petitioner's boat was registered to ferry passengers by the Inland Water Transport Department. It is submitted that on the date of the incident there were around seventy to eighty passengers travelling on the boat and the police detained the boat for searching. Four polythene packets containing the suspected ganja were kept in one bag containing vegetable by some unknown miscreants without the knowledge of the petitioner No. 1. It is submitted that the petitioner purchased the boat for Rs.8.00 lacs by acquiring a loan as well as through other resources.