ABUL KALAM AZAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Hoque, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State.

(2.) This application under Sec. 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India has been preferred by the petitioner, namely, Abul Kalam Azad impugning the order dtd. 9/11/2023 passed by the learned Additional Sessions Judge, Kamrup, Amingaon in Criminal Revision No. 39/2023 whereby the learned Additional Sessions Judge, Kamrup, Amingaon has upheld the orders dtd. 28/7/2023 and 23/8/2023 passed by the learned Chief Judicial Magistrate, Kamrup, Amingaon in connection with Chhaygaon P.S. Case No. 235/2023 whereby the prayer of the present petitioner seeking zimma of the 460 bags of rice (each bag containing 49 kgs. rice approximately) which were seized in connection with Chhaygaon P.S. Case No. 235/2023 was rejected.

(3.) The facts relevant for consideration of the instant criminal petition, in brief, are as follows:-