Naim Rana vs The State Of Assam
2021 Latest Caselaw 2491 Gua

                                                                                 Page No.# 1/2

GAHC010052582021




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

                                 Case No. : Crl.Rev.P./93/2021

            NAIM RANA
            S/O AAS MOHAMMAD, VILL-RASULPUR DABHERI, P.S.-BUDHANA, DIST-
            MUZAFFARNAGAR, UTTAR PRADESH, PIN-842001



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR B P BORAH

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

08.10.2021

Heard Mr. B.P. Borah, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Addl. P.P. appearing for the State.

It appears that vide order dated 04.10.2021, learned Addl. P.P. for the State was directed to produce a report from the I/O, as to whether confiscation proceeding in respect of the seized vehicle bearing registration No. UP-14-FT-4295, as provided under Section 60 of Page No.# 2/2

the NDPS Act is started or not. But, the report could not produce today.

However, the learned Addl. P.P. has obtained verbal instruction from the I.O. concerned and submits that confiscation proceeding has not yet been started yet.

In view of the above and in view judgment of Special Leave Petition (Crl.) 2745 of 2002Hon'ble Supreme Court in suderbhai Ambala Desai Vs. State of Gujarat, it is provided that the seized L.P. Truck, bearing registration No. UP-14-FT-4295 seized in connection with Khatkhati P.S. No. 160/2020, under Section 20(C)/29 of NDPS Act, be released in interim custody of the petitioner on executing a bond of Rs. 3,00,000/- and on his furnishing two solvent sureties of like amount to the satisfaction of the learned SDJM,(M), Bokajan and also subject to the production of the registration certificate of the vehicle concerned before the learned SDJM,(M) Bokajan. The petitioner has to produce the vehicle before the Court whenever directed and shall not dispose of the same till disposal of the case.

This petition is accordingly stands disposed of.

JUDGE

Comparing Assistant