Gauhati High Court
Ratna Rani Suklabaidya Devnath vs The State Of Assam on 7 December, 2022
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GAHC010009732022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./19/2022
RATNA RANI SUKLABAIDYA DEVNATH
W/O NORODE DEVNATH
A RESIDENT OF SUKANTANAGAR K.N. ROAD, KUMARGHAT, UNAKOTI,
TRIPURA, PIN-799264.
PROPRIETOR OF SHITAL AEROMATIC INDUSTRIES, HAVING ITS HEAD
OFFICE AT NETAJI PALLY, WARD NO. 12, KUMARGHAT, UNAKOTI,
TRIPURA, PIN-799264
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. A R BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
07.12.2022
Heard Mr. A.R. Bhuyan, learned counsel appearing for the petitioner, namely Ratna Rani
Suklabaidya Devnath as well as Mr. P. Borthakur, learned Addl. P.P. appearing for the State
respondents.
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The petitioner has filed this petition under Section 397 Cr.P.C read with Section 401 of
the Cr.P.C with prayer for revision of the order dated 03.01.2022 passed by the learned
Additional Chief Judicial Magistrate, Cachar, whereby the Court has rejected the zimma claim
of the petitioner in connection with Katigorah P.S. Case No. 806/2021, under Section 370/411
IPC.
The FIR reveals that on 20.10.2021 at about 12.30 P.M, the informant along with his
staff detained the truck bearing registration no. UP32KN1456 at Digorkhal M.V.I Check gate
under Katigorah P.S. Burmese betel nuts were found inside the truck and the driver could not
produce any valid documents and the case was registered and the Burmese betel nuts was
suspected to be stolen article.
On 03.01.2022, a petition was preferred by the petitioner with zimma of the areca nuts/
Burmese supari and the petition was rejected by the Additional CJM, after receiving a report
from the I/O regarding the Food Safety Standard of the areca nuts. It was observed that the
Senior, Food Safety Officer of headquarter at Silchar opined that the sample of the betel nuts
sent for examination are not fit for human consumption. It is submitted that the owner of the
betel nuts does not use the same for human consumption and Annexure-1 has been tagged
along with this petition, which clearly depicts that the petitioner is the owner of the Shital
Aeromatic Industries and the betel nuts are used for purposes to manufacture of aromatic
articles. It is submitted by the Addl. P.P. Mr. P. Borthakur that the ownership of the betel nuts
has not been ascertained during consideration of the petition of zimma by the learned Addl.
CJM, Cachar.
It is also submitted that there are two judgments of Coordinate Benches of this Court
that zimma of articles cannot be given during investigation and before submission of charge-
sheet. It is submitted that this case still under investigation and the areca nuts cannot be
given to zimma to the owner i.e. petitioner.
I have considered the submissions at the Bar. I remand back this matter to the
Jurisdictional Court with a direction to consider any petition if filed by the petitioner to pass
an order to follow the SOP vide order of DGP, Assam letter No. HD-XI/SOP/Betel Nut/2021
dated 16.09.2021, to dispose of the said areca nuts, and the petitioner may be allowed to
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participate in the auction.
On the aforesaid terms, this criminal revision petition stands disposed of.
Interim order passed earlier shall continue, till the petitioner files a petition before the
learned trial Court.
JUDGE
Comparing Assistant
