OSMAN GONI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel Mr. N.J.Dutta for the petitioner and learned Addl.Public Prosecutor Mr. K.Baishya for the State respondent.

(2.) The petitioner Osman Goni has filed this criminal revision petition under Sec. 438/442 r/w Sec. 528 of the BNSS, 2023 challenging the order dtd. 11/12/2024 passed in connection with Petition No. 5809/2024 in connection with Goalpara PS Case No. 139/2024 for custody of 21 drums of petroleum products and the truck seized. An FIR was lodged with the police at Goalpara P.S. contending inter-alia that on 17/10/2024 at about 7.30 pm, during a Naka checking, the informant along with police staff halted one truck bearing registration No.AS28C-9878 Ultra T7. The truck was proceeding from Bongaigaon towards Goalpara. After checking the truck, 21 drums of suspected petroleum products were found in the truck and after interrogation of the owner of the truck, Hanif Ali and the driver of the truck Abdul Kalam, it was unearthed that the petitioner has committed theft of 21 drums of suspected petroleum product from an unknown place and he sent the drums to one Robiul Islam's house to sell the drums illegally without any valid documents and verification. Both the driver and the owner of the truck were apprehended and the petroleum products were seized. It is alleged that the petitioner and the other co-accused have been running this illegal business through fake challans. Vide seizure list marked as Annexure-2 of the petition, the loaded drums were seized in connection with this case along with tax invoice and bills of the consignment. The truck bearing registration No. AS28C-9878 was also seized in connection with this case. On 11/12/2024, learned SDJM (S) Goalpara has dismissed the petition with prayer of zimma of the articles in this case i.e. 21 drums as well as the aforementioned vehicle. It was also observed by the learned Magistrate that the I.O. report reveals that the vehicle seized in connection with this case was used for commission of offence to illegally transport suspected petroleum products.

(3.) It is submitted that the petitioner is a registered owner of truck bearing registration No. AS28C-9878 Ultra T7 and he has valid documents of the vehicle which was detained in connection with Goalpara PS Case No. 139/2024. The learned CJM, Goalpara vide impugned order dtd. 11/12/2024 has erroneously rejected the prayer for zimma of the vehicle on the ground that the forensic report of the suspected petroleum product has not been received and the seized vehicle and petroleum product is required for further investigation. It is submitted that the order is bad in law as the learned Court has failed to apply its judicious mind and thus the order is liable to be set aside and quashed. It was pre-empted while passing the order that the vehicle may be used again for illegal transportation of petroleum products. It has been erroneously observed by the learned CJM that as the vehicle was attached under Sec. 23 of the Petroleum Act, zimma cannot be handed over to the petitioner.