Md. Rajibul Islam vs The State Of Assam And 3 Ors
2022 Latest Caselaw 2466 Gua

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GAHC010140382022




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

                                Case No. : Crl.Rev.P./371/2022

            MD. RAJIBUL ISLAM
            S/O ABDUL MUTALEB
            RESIDENT OF DONGARPAR, WARD NO. PS MOIRABARI, DIST MORIGAON,
            ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY PP ASSAM

            2:THE COMMISSIONER AND SECRETARY
            TO THE GOVT. OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI 6

            3:THE COMMISSIONER AND SECRETARY
            TO THE GOVT. OF ASSAM
            TAXATION DEPARTMENT
             DISPUR
             GUWAHATI 06

            4:THE UNION OF INDIA
             REPRESENTED BY THE SECRETARY
             CENTRAL CUSTOM
             SASTRI BHAWAN
             NEW DELHI 11000

Advocate for the Petitioner   : MR. M A SHEIKH

Advocate for the Respondent : PP, ASSAM
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                                    BEFORE
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                            ORDER

25.07.2022

This Criminal Revision Petition under Sections 397/401 of the Code of Criminal Procedure, 1973, has preferred by the petitioner, Md. Rajibul Islam, challenging the legality,

propriety and correctness dated 09.06.2022, passed by the learned Judicial Magistrate 1 st Class, Bokajan, Karbi Anglong in Khatkhati P.S. Case no. 27/2022 under Sections 411/379 IPC.

It is to be noted here that vide impugned order dated 09.06.2022, the learned court below dismissed the petition filed by the petitioner seeking custody of 26 nos. of bags containing betel nut weighing 1936 kgs seized from the dickey of the bus bearing registration no. AS-02BC/2451 while the said bus was coming from Dimapur towards Bokajan side.

Learned counsel for the petitioner Mr. M.A. Sheikh submits that the petitioner is a petty businessman and he purchased the said betel nut from Nagaland. In support of his submission, the petitioner has annexed 2 (two) certificate issued by the Gaon Burah, Zutovi village, Dimapur and the Chairman, Zutovi village, Dimapur. It is also submitted by Mr. Sheikh that the applicant is ready to pay tax. On the basis of one judgment of the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai vs. State of Gujarat in Special Leave Petition (Criminal) no. 2745/2002 and also the judgment of a co-ordinate Bench of this Court in the case of M/s Kumar Traders and Company & another vs. The State of Assam & 4 others in W.P. (C) no. 4785/2017, Mr. Sheikh submits that the seized articles are not required to be kept for long time, else it will get damage and therefore, it is contended to allow the petition.

On the other hand Mr. P. Borthakur, learned counsel appearing for the State respondent no. 1; Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent nos. 2 & 3; and Mr. S.C. Keyal, learned Standing Counsel, Central Excise Department for the respondent no. 3 have submitted that a report of the I.O. as regard the present status of the case be called for.

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Having heard the submissions of learned counsel for both sides, it is provided that a report from the I.O., Bokajan Police Station in respect of the present status of investigation be called for fixing the case on 04.08.2022.

In the meantime, the respondents may file their affidavits-in-opposition. It is further provided that the learned counsel for the petitioner shall furnish copy of the petition along with the documents to the learned counsel for the respondents.

JUDGE

Comparing Assistant