MANOJ SHRINATH MAURYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel appearing on behalf of the petitioner as well as Mr. R.R. Kaushik, learned Addl. P.P. appearing for the State of Assam.

(2.) The petitioner Sri Manoj Shrinath Maurya Das has filed an application under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C for short) challenging the order dtd. 24/2/2022 passed by the Additional Sessions Judge No. 3, Nagaon in Criminal Revision No. 14(N)/2021 and Criminal Revision No. 15(N)/2021, directing disposal of the seized areca nuts in connection with Nagaon P.S. Case No. 2078/2021, under Ss. 353/307/379/411/420/34/120(B) IPC (GDE No. 27, dtd. 2/9/2021). FIR dtd. 3/9/2021 reflects that on a tipoff a GDE No. 27, dtd. 2/9/2021 was registered and the police party led by S.I. Udayak Basumatary set up a naka checking in front of Nonoi P.P. and at around 10.40 P.M., two vehicles approaching from the Hojai side were stopped, but the vehicles sped past and also tried to plow the naka checking area swarmed by the patrolling party. The police party however intercepted the vehicles and during search recovered 118 bags of Burmese supari loaded in truck bearing registration no. AS-25-AC-5516 (10 wheeler truck) and 200 bags of suspected Burmese supari loaded in the truck bearing registration no. AS-02- E-5878(6 wheeler truck). When the drivers were asked to produce the documents they failed to produce the same. Both the trucks were seized by the informant S.I. Udyak Basumatary, in presence of witnesses and thereafter, Nagaon P.S. Case No. 2078/2021, under Ss. 353/307/379/411/420/34/120(B) IPC was registered. The seizure lists are marked as Annexure-5 and 6 and the FIR is marked as Annexure-4.

(3.) It is submitted on behalf of the petitioner that he is a lawful attorney of Vinod Shreenath Maurya, the proprietor of Maa Kamakhya Traders, a sole proprietorship firm dealing in trading of dried areca nuts (Chikni Supari). The Firm is registered with GST Registration No. 18AJWPM708ILIZ7. The Annexure Nos. 1 and 2 respectively are the copies of the general power of attorney dtd. 20/8/2021 and the GST Registration Certificate. It is submitted that on 2/9/2021, the petitioner's firm loaded 200 Bags of Dry Areca Nuts (II quality) weighing about 1400 KGs in the truck number AS-02-E-5871 to be dispatched from Hojai to Amingaon and the copy of the tax invoice dtd. 2/9/2021, along with E-way bills are marked as Annexure-3 along with this truck belonging to the petitioner. Another truck bearing registration no. AS-25-AC-5516 loaded with 118 bags of areca nuts was also seized by the police on 3/9/2021. The seized areca nuts are perishable in nature and so the petitioner has filed a petition for zimma of the same in the Court of the learned Chief Judicial Magistrate, (CJM for short), Nagaon and the learned CJM rejected the prayer for zimma of the areca nuts loaded in truck No. AS-02-E-5871 vide order dtd. 18/9/2021. Against this order, the petitioner has preferred the Criminal Revision Petition under Ss. 397/399 of Criminal Procedure Code before the Sessions Judge, Nagaon, which was registered as Criminal Revision Case No. 15(N)/2021. With respect to the 118 Bags of Supari loaded in Truck No. AS-25-AC-5516, the owner Anil Kr. Jadav filed another Revision petition, which was registered as Criminal Revision Petition No. 14(N)/2021. The learned Additional Sessions Judge, who was in seisin disposed of both the petitions by a common judgment dtd. 29/10/2021 passed in Criminal revision Petition No. 15(N)/2021 by setting aside the order dtd. 18/9/2021 passed by the Chief Judicial Magistrate and directing the I/O to hand over the custody of the areca nuts after proper verification and completing all the required formalities.