Page No.# 1/3 vs The State Of Assam And Anr
2025 Latest Caselaw 9372 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 11 December, 2025

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GAHC010236552025




                                                                      2025:GAU-AS:17195

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

                               Case No. : Crl.Pet./1364/2025

             MD FIROZ ALAM
             S/O MD. MANOUWAR
             RESIDENT OF THOUBAL MOIJING LEINGOITIL, PS THOUBAL, DISTRICT
             THOUBAL, MANIPUR, PIN 795138

             VERSUS

             THE STATE OF ASSAM AND ANR
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

             2:MINTU SAIKIA
              IN CHARGE
              DILLAI POLICE STATION
              LAHORIJAN
              DILLAI
              DISTRICT- KARBI ANGLONG
             ASSA

Advocate for the Petitioner   : MS. A. MEDHI,

Advocate for the Respondent : PP, ASSAM,



                                           BEFORE
                  HON'BLE MR. JUSTICE RAJESH MAZUMDAR
                                           ORDER

11.12.2025 Heard Ms A Medhi, learned counsel appearing for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam.

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2. This application under Section 528 of the BNSS, 2023, has been filed by the petitioner, namely, Md Firoz Alam, impugning the order dated 13.10.2025, passed by the learned Special Judge, Karbi Anglong, in connection with Zimma Petition No. 71/2021, in Dillai PS Case No. 25/2025, whereby the prayer for zimma of the seized vehicle as well as mobile handset and cash amount of Rs. 42,000/- was rejected by the learned Trial Court.

3. The scanned copy of the records of the Trial Court as has been called for has been received.

4. On going through contents of the criminal petition, consideration of the submissions made by the learned counsel for the parties, this Court is of the opinion that in view of the Judgment rendered in the case of Bishwajit Dey v. State of Assam, reported in (2025) 3 SCC 241, it would not be appropriate to award zimma of the vehicle involved in the case. However, it is seen that the case has already been charge sheeted and the requirement of the production of the mobile phone during the trial can be ensured with strict conditions being laid upon the owner of the mobile phone in case, the learned Trial Court so finds. Similarly, in the case of the cash having been recovered from the accused, the learned Trial Court may also consider handing over zimma of the same to the petitioner by imposing such conditions as are required in law.

5. The learned Trial Court would also be in a position to take into account, as to whether any confiscation proceedings have been initiated regarding vehicle, mobile phone and the cash amount of Rs. 42,000/-.

6. In view of the above, this criminal petition stands disposed of by granting liberty to the petitioner to approach the learned Trial Court by filing appropriate applications since now the charge sheet has been filed. The learned Trial Court on such applications being preferred, shall consider the prayer without reference to the earlier rejections made and the disposal of this criminal petition. In case, the learned Trial Court finds it fit to allow the zimma of the mobile phone and the cash amount of Rs. 42,000/- during the pendency Page No.# 3/3

of the trial, appropriate conditions may be imposed for their production or for confiscation, if the situation so arises.

JUDGE

Comparing Assistant