Abdus Salam Sheikh vs The State Of Assam
2023 Latest Caselaw 542 Gua

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GAHC010199022022




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

                                Case No. : Crl.Pet./1024/2022

            ABDUS SALAM SHEIKH
            S/O GIAS UDDIN
            R/O BANIAMARI
            P.O. SAHEBGANJ
            P.S. GOLAKGANJ
            DIST. DHUBRI, ASSAM
            PIN- 783331


            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR Z ALAM

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 15.02.2023

Heard Ms. S. Nazneen, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned APP appearing for the State.

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2. This criminal petition has been filed under section 482 Cr.P.C. to assail the order dated 03.09.2022, passed by the learned Special Judge (Addl.), Dhubri, in Special Case No. 317/2022, by which the prayer for custody of zimma of the vehicle in question was refused.

3. The learned counsel for the petitioner has produced a copy of judgment dated 30.01.2023, passed by the learned Special Judge (Addl.), Dhubri, in Special Case No. 317/2022, thereby acquitting the accused persons involved in the alleged offence under section 22(c) of the NDPS Act.

4. The petitioner, namely, Abdus Salam Sheikh is the owner of the vehicle bearing registration no.AS-01-LC-2403, through which the contraband was being transported.

5. In view of the judgment of acquittal passed by the learned trial Court on 30.01.2023, and in view of the provisions of section 452 Cr.P.C. for disposal of the property at the conclusion of the trial, the Court is of the considered opinion that it would be appropriate to relegate the petitioner to once again approach the learned trial Court with an appropriate application for seeking custody of the hereinbefore referred vehicle.

6. To facilitate the petitioner to approach the learned trial Court, it is provided that the said learned Court, i.e. the Court of learned Special Judge (Addl.), Dhubri, on receipt of fresh prayer made by the petitioner, shall dispose of the said application in accordance with law without being influenced by the order dated 03.09.2022.

7. The photocopy of the judgment dated 30.01.2023, passed by the Page No.# 3/3

learned Special Judge (Addl.), Dhubri, in Special Case No. 317/2022 is retained as a part of record.

8. With the aforesaid direction, this criminal petition stands disposed of.

JUDGE

Comparing Assistant