STATE OF ASSAM Vs. VIVEK SINGH

JUDGEMENT

(1.) Heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam representing the petitioner. Also heard Mr. B. D. Konwar, learned Senior Counsel assisted by Mr. H. Agarwal, learned counsel for the respondent.

(2.) This present criminal revision petition is filed by the State under Sec. 397 and 401 of the Code of Criminal Procedure, 1973 read with Sec. 482 of the said Code assailing an order dtd. 30/6/2022 passed by the learned Court of Judicial Magistrate First Class, Boko, Kamrup in Boko PS Case No. 457/2021 by which the learned Court below directed to release the articles seized in connection with aforesaid police station case as well as the direction to the investigating authority, to handover the warehouse/ godown belonging to M/S Maruti Quality Products Pvt. Ltd to the custody of the sole respondent.

(3.) The background facts of the seizure is that on 3/5/2021, one FIR was lodged by one Amir Hussain, police personal of Boko Police Station inter alia alleging that one truck bearing registration No. NL 07AA/0493 of M/S Maruti Quality Products was detained at Nadiapara, Agiya by the local public and on inspection, 800 bags of polished rice, each bag containing 50 kgs marked as "East Sunrise" for "Assam Rifles" only were seized.