[Cites 5, Cited by 0]
Gauhati High Court
Page No.# 1/6 vs The State Of Assam And Anr on 9 March, 2026
Page No.# 1/6
GAHC010231592025
2026:GAU-AS:3467
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1281/2025
MD. RAJAK ALI @ DHAN ALI @ KALIA
S/O- ABDUL BAREK.
R/O- CHANGARI SILA, KORAIBARI, P.S.- CHANGSARI, DIST.- KAMRUP,
ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTRED BY THE PP, ASSAM
2:MUKUT BAISHYA
INSPECTOTR
STF
ASSAM
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
Advocate for the Petitioner : MR. T HUSSAIN, MR. N J DUTTA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
Date : 09-03-2026
Heard Mr. N.J Dutta, learned counsel for the petitioner. Also heard Mr.
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K.K Parasar, learned Additional Public Prosecutor for the State of Assam.
2. By this petition, a prayer has been made challenging the order dated
16.07.2025 passed by the learned Addl. District & Sessions Judge No. 5, Kamrup
(M), Guwahati whereby the zimma petition filed by the petitioner has been
dismissed and a further prayer to pass the necessary order for release of the
care being Maruti Swift Zxi+ bearing Redg. No. AS-15-P-2222 corresponding to
STF Police Station Case No. 20/20236 u/s 21(C)/25/29 of NDPS Act pending
before the Court of learned Addl. Sessions Judge No.5, Kamrup (M), Guwahati.
3. The factual matrix as reflected in this criminal petition is that an FIR had
been lodged before the Officer-in-Charge, STF P.S, Assam, Guwahati alleging
that on the same day at about 7:00 A.M on 28.11.2023, an information was
received regarding the transportation of narcotic drugs from Manipur by a Tata
Yodha goods carrier vehicle towards Gauripur area. The Tata truck vehicle was
reportedly escorted by a Hyundai Creta and Maruti Swift bearing Redg. No. AS-
15-P-2222. The petitioner in this present petition is the owner of the Maruti
Swift car. The petitioner had also been taken into custody on 10.05.2024 and
the vehicle had been recovered from the spot allegedly when the petitioner
herein had abandoned the car when it had stopped by the Police authority.
4. This Court by an order dated 20.05.2025 passed in B.A No. 1170/2025 had
granted the petitioner the privilege of bail noticing the violation of the
constitutional rights of the petitioner during his arrest. The petitioner is now on
bail.
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5. Having been released on bail, the petitioner had moved an application for
zimma of the vehicle bearing Redg. No. AS-15-P-2222 which came to be
rejected on 16.07.2025. The ground for rejection of the zimma petition is found
at paragraph-12 onwards;
"12. It is submitted by learned counsel that the other vehicle Creta is
already given in custody to its owner. It is found from the record that
the owner of other vehicle Creta is not an accused of this case. The
alleged role of the seized Maruti Swift ZXI+ vehicle was that it was
used as an escort in the safe transportation of the seized
contraband. The owner of the seized Maruti swift ZXI+vehicle is
himself an accused of the instant case who is alleged to have fled
away leaving the vehicle.
13. In the above facts and circumstance of this case when it is
alleged that the vehicle was used for escorting in safe transportation
of the seized contraband and the owner of the said seized vehicle is
also an accused of this case, this court is not inclined to allow the
Zimma prayer. Accordingly the zimma prayer is rejected.
14. Petition No.1057 dated 02.07.25 is disposed of.
15. While going through the record, one petition dated 07/05/2025
given by Inspector Prabhakar Singh, I/O of the case is found where
prayer was made to provide copy of the charge-sheet of this case
for entering the same into the CCTNS system of STF.
16. Prayer is allowed. The I/O may take a copy of the charge-sheet
from the Court.
17. Fix 30.07.2025 for production and 13.08.2025 for evidence."
6. Thus, the reason for disallowing the zimma of the vehicle to the petitioner
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herein was that the owner of the vehicle was an accused in the instant case and
the allegation was that the vehicle was used for escorting the safe
transportation of the seized contraband.
7. The learned counsel for the petitioner has placed reliance in the case of
Denash -versus- State of Tamil Nadu disposed of on 27.10.2025 by the Apex
Court, stating that the Narcotic Drugs and Psychotropic Substances (Seizure,
Storage, Sampling and Disposal) Rules 2022 wherein it was held that the rules
cannot be interpreted as divesting the Special Courts of their jurisdiction to
entertain an application for interim custody or release of a seized conveyance
under sections 451 and 457 of Cr.PC (Section 497 and 503 of BNSS). The
authority of the Special Court to pass appropriate orders for interim custody
during the pendency of the trial, as well as to make final determination upon its
conclusion, continues to operate independently of the disposal mechanism
envisaged under the said Rules.
8. The learned counsel for the petitioner thereafter has placed reliance on
paragraph-29 & 30 of Crl. Appeal @ SLP (Crl.) No. 8698/2025 in the case of
Bishwajit Dey reported in 2025 INSC 32, to content that since no recovery has
been made from the petitioner, who is an accused, and further there was no
recovery from the vehicle in which the custody has been sought, the vehicle can
be released on zimma to the petitioner upon strict and sufficient conditions be
imposed for its production during or at the end of the trial.
9. In the present case, this Court noticed that the petitioner has been granted
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bail by this Court, the other vehicle i.e. Hyundai Creta which was also allegedly
escorting the vehicle from which the contraband has been recovered has been
released on zimma and no recovery had been made from the vehicle for which
the zimma has not been sought.
10. The learned Addl. P.P has submitted that since the petitioner is an accused
and the vehicle was used as a decoy/escort in the transaction of the contraband
item, the same is not required to be released on zimma at this stage.
11. This Court has given anxious consideration to the submissions made by the
parties. This Court has already noticed that the petitioner is already on bail
although an accused, no recovery has been made from the vehicle concerned
and furthermore the other vehicle which was allegedly escorting the
transportation of the seized contraband has also been released on zimma.
12. In the facts and circumstances of the case, this Court does not see any
reason as to why the vehicle should not be allowed to be released to the
petitioner herein so that the same can be maintained and kept usable, in case
the vehicle is at later stage found not to be required for confiscation.
13. In such circumstances, this Court directs that the vehicle bearing Regd. No.
AS-15-P-2222 be released to its owner upon proper identification and after
following such due process as required in law, allowing the owner to retain the
zimma of the vehicle during the trial. The zimma shall be allowed subject to
such conditions which should be fulfilled by the petitioner.
14. The learned Trial Court shall be entitled to put up any such conditions for
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the release of the vehicle as may be deemed fit and necessary to ensure the
production of the vehicle during or at the culmination of the trial.
15. The criminal petition stands disposed.
JUDGE
Comparing Assistant
