ANIL KUMAR YADAV 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. for the State respondent.

(2.) The petitioner in this case is Anil Kumar Yadav and has filed a petition under Sec. 482 Cr.P.C challenging the order dtd. 24/2/2022 passed by the learned Additional Sessions Judge No. 3, at Nagaon in Criminal Revision No. 14(N)/2021 and Criminal Revision No. 15(N)/2021, directing the disposal of the seized areca nuts. The petitioner has submitted that he is a lawful attorney of Smt Priyanka Maurya, the Proprietor of M/S Kumar Traders, a sole proprietorship firm dealing in trading of dried areca nuts (Supari) having its office at Rupahihat in Nagaon district. On 2/9/2021, the petitioner's Firm loaded 118 bags of dried areca nuts (II Quality) weighing about 8260 KGs in a truck bearing registration No. AS-25-AC/5516, to be dispatched from Hojai to Amingaon. The necessary Tax Invoice and e-Way bill issued on 2/9/2021 is marked as Annexure-3 and is appended along with the petition.

(3.) During transit, the truck bearing registration no. AS-25-AC/5516 loaded with 118 bags of areca nuts were apprehended by the police at Nonoi Petrol Post on mere suspicion that illegal Burmese Supari was being carried by the said truck. The police seized the truck despite the fact that the police was shown the valid documents. The truck was seized vide Nonoi P.P GDE No. 27 dtd. 2/9/2021 and Nagaon P.S. Case No. 2078/2021 was registered under Ss. 353/307/379/411/420/34/120-B of the IPC. Accordingly, the seized truck along with the 118 bags of areca nuts was re-seized by the Nagaon Sadar P.S. on 3/9/2021. Along with this truck, another truck bearing registration No.AS-02-E-5871 loaded with 200 bags of suspected areca nuts was also seized by the police.