Wahidur Rahman vs The State Of Assam
2021 Latest Caselaw 2905 Gua

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GAHC010187292021




                           THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : Crl.Pet./658/2021

             WAHIDUR RAHMAN
             SON OF LATE BHUBAN ALI
             R/O ISLAMPUR, P.S. MERAPANI
             DIST. GOLAGHAT, ASSAM

             VERSUS
             THE STATE OF ASSAM
             REP. BY THE PP, ASSAM


Advocate for the Petitioner : MR. K BORUAH
Advocate for the Respondent : PP, ASSAM



                                     :: BEFORE ::
                 HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                      ORDER

16.11.2021

Heard the learned counsel for the petitioner and also the learned Addl. Public Prosecutor representing the State of Assam/respondent No.1, who is a formal party.

The petitioner herein Wahidur Rahman apprehended with drugs along with cash amount of Rs.2,92,450/-, for which Merapani P.S. Case No.64/2021 was registered under Section 22(C)/24/29 of NDPS Act. Now, the case has been Page No.# 2/2

charge sheeted against him. The petitioner made a prayer before the court for release of his seized amount and by the order dated 01.09.2021, the learned trial court held that the aforesaid amount was recovered from the possession of the accused/petitioner along with drugs. As such, said amount cannot be termed to be legal and regarding zimma of the seized currency, will be decided at the time of delivery of judgment of this case.

Challenging the aforesaid order, the petitioner approached this Court with the instant petition under Section 482 r/w Section 401 CrPC for setting aside the order and to release the seized money (Rs.2,92,450/-) in his favour.

On due consideration of the matter, it is found that the case relates to commercial quantity of drugs which was seized from the possession of the petitioner along with money and its confiscation cannot be ruled out under the facts and circumstances of the case and the law enumerated therein. Moreover, it appears that there is no irregularity in the order so passed by the learned court below in the background of the case calling for interference.

Having regard to the entirety of the matter, the present petition stands disposed with direction to the petitioner to file proper application/petition seeking review of the impugned order dated 01.09.2021, in turn, the court below during trial and after examining all relevant witnesses and the documents available on record shall consider petitioner's prayer for zimma of seized money in accordance with law.

JUDGE

Comparing Assistant