Chan Mia vs The State Of Assam
2025 Latest Caselaw 3306 Gua

Gauhati High Court

Chan Mia vs The State Of Assam on 19 February, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                                        Page No.# 1/2

GAHC010002742025




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

                                    Case No. : Crl.Pet./32/2025

             CHAN MIA
             S/O LATE SIRAJ MIA
             R/O RAJNAGAR JOHARLAL NEHRU
             S.B. SCHOOL, TELIAMURA
             P.O. GOLABARI,
             DIST. WEST TRIPURA, TRIPURA.



             VERSUS

             THE STATE OF ASSAM
             REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner   : MR. J LASKAR,

Advocate for the Respondent : PP, ASSAM,




                                          :: BEFORE ::
                   HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA


                                           O R D E R

19.02.2025

Heard the learned counsel Mr. J. Laskar appearing for the petitioner. Also heard Mr. D.P. Page No.# 2/2

Goswami, the learned Addl. Public Prosecutor, Assam.

2. This is an application under Section 528 of the BNSS, 2023 challenging the order dated 17.12.2024 passed by the learned Sessions Judge, Bongaigaon in Criminal Revision No.9/2024.

3. One-thirty (130) bags containing in total 7319 kilograms of areca nuts were seized from a train at Bongaigaon Railway Station. The present petitioner claimed to be the owner of the seized areca nuts, filed an application before the court of the learned Judicial Magistrate First Class, Bongaigaon. The learned Magistrate came to a finding that the present petitioner is the original owner of the said 130 bags of areca nuts. Accordingly, the court passed an order giving custody of the seized areca nuts to the present petitioner. Thereafter, the Investigating Officer of this case, in his personal capacity, field a revision petition before the learned Sessions Judge, Bongaigaon. The learned Sessions Judge, Bongaigaon set aside the order of the Magistrate.

4. I have considered the submissions made by the learned counsel of both sides. I have also gone through the judgment passed by the learned Sessions Judge, Bongaigaon in Criminal Revision No.9/2024.

5. At this stage, this Court is not going to express any opinion of the merit of the impugned order.

6. Areca nuts are a perishable commodity. The learned Magistrate has passed a reasoned order. The impugned order dated 17.12.2024 passed by the learned Sessions Judge, Bongaigaon in Criminal Revision No.9/2024 is set aside. The order passed by the Magistrate on 15.07.2024 in respect of GRPS Case No.54/2024 is affirmed.

With the aforesaid direction, the Criminal Petition is disposed of.

JUDGE

Comparing Assistant