Md. Arju Ali @ Arju Ali vs The State Of Assam
2025 Latest Caselaw 5214 Gua

Gauhati High Court

Md. Arju Ali @ Arju Ali vs The State Of Assam on 11 June, 2025

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GAHC010122942025




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

                                Case No. : Crl.Rev.P./211/2025

            MD. ARJU ALI @ ARJU ALI
            S/O- RASID ALI,
            R/O- VILL- AAGUMI, P.S- CHAYGAON, DIST- KAMRUP, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR. J N SUWAI, MR K THAKUR,S YESMIN,MR D MEDHI

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

11.06.2025

1. Heard Ms. S. Yesmin, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam.

2. This criminal revision petition has been filed by the petitioner, Page No.# 2/2

namely, Md. Arju Ali@Arju Ali, impugning the order dated 25.04.2025 passed by the Court of the learned Sessions Judge, Kamrup in connection with NDPS Case No. 03/2025 whereby, it rejected the prayer for grant of Zimma of the seized scooty to the petitioner.

3. On perusal of the impugned order, it appears that the prayer for Zimma of the petitioner was rejected by the learned Sessions Judge, Kamrup on the ground that the case of the petitioner falls within the category of those cases where, the interim Zimma may not be granted and in arriving at the said conclusion the learned Sessions Judge, Kamrup relied upon the observations made by the Apex Court in the case of "Bishwajit Dey Vs. State of Assam " reported in "2025 INSC 33"

when a query was posed to the learned counsel for the petitioner as to where the Trial Court erred in passing the impugned judgment .

4. She submits that she may be granted some time to answer the query, along with some supporting authority in support of her submissions.

5. The prayer is allowed.

6. Let this matter be listed 19th June, 2025.

JUDGE

Comparing Assistant