Dhan Boro vs The Union Of India And 4 Ors
2024 Latest Caselaw 10 Gua

Gauhati High Court

Dhan Boro vs The Union Of India And 4 Ors on 3 January, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                   Page No. 1/2

GAHC010074872023




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

                                 Case No. : WP(C)/1962/2023

            DHAN BORO
            S/O- LATE HOREN BORO, PERMANENT RESIDENT OF HOUSE NO. 58, BYE
            LANE NO. 2, KOINADHARA, KHANAPARA, GUWAHATI-22, UNDER
            BASISTHA POLICE STATION ,DIST. KAMRUP(M), ASSAM, PIN- 781022.

            VERSUS

            THE UNION OF INDIA AND 4 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
            OF HOME AFFAIRS, DEPARTMENT OF INTERNAL SECURITY, NEW DELHI.

            2:THE N.C.B. GUWAHATI UNIT
             REPRESENTED BY THE ZONAL DIRECTOR
            VIP ROAD
             ROOP KONWAR PATH
             CHACHAL
             KHANAPARA
             GUWAHATI-22
            ASSAM

            3:THE SUPERINTENDENT OF N.C.B. ZONAL UNIT
             KHANAPARA
             GUWAHATI-22.

            4:THE BRANCH MANAGER
             BANK OF INDIA (PREVIOUSLY DENA BANK)
             BELTOLA BRANCH
             GUWAHATI-28.

            5:THE TRANSPORT OFFICER
             KAMRUP(M)
             GUWAHATI-4

Advocate for the Petitioner   : MR P KATAKI
                                                                                   Page No. 2/2


Advocate for the Respondent : DY.S.G.I.

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 03.01.2024

Heard Mr. P. Kataki, learned counsel for the petitioner; Ms. N. Deka, learned counsel representing Mr. S.C. Keyal, learned Standing Counsel, NCB for the respondent nos. 2 & 3; Mr. B.D. Sarma, learned counsel for the respondent no. 4; and Ms. M.D. Bora, learned Standing Counsel, Transport Department for the respond no. 5.

2. The petitioner herein has assailed the legality and validity of an order of seizure and freezing of properties under Chapter VA of the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985. It is a specific case of the petitioner that by the Judgment and Order dated 07.09.2022 passed by the Special Court of learned Additional Sessions Judge [FTC] No. 3, FTC, Kamrup [Metro], Guwahati in NDPS Case no. 92/2018, the petitioner has been acquitted of the charges framed under Sections 20[b][ii][C] of the NDPS Act, 1985. The petitioner has contended that in view of his acquittal, the property seized/defreezed are liable to be released under the provisions of sub-section [2] of Section 68Z of the NDPS Act, 1985.

3. Mr. Kataki has further submitted that the petitioner has not received any notice in respect of any appeal filed against the order of acquittal.

4. The learned Standing Counsel, Mr. Keyal shall obtain instructions as to whether any appeal has been preferred by the NCB against the Judgment and Order dated 07.09.2022, whereby, the petitioner has been acquitted from the charges under the NDPS Act, 1985.

5. List the case on 19.01.2024.

JUDGE

Comparing Assistant