The Gauhati High Court disposed of a criminal petition by granting leave to the petitioner to approach the I.O. with documents to seek release of seized coal within three weeks.
Leave granted to the petitioner to approach the I.O. with relevant documents to seek zimma of seized coal within fifteen days.
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GAHC010223632018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 1016/2018
1:ABDUL SAHID LASKAR
S/O- HAJI RAMIJ ALI LASKAR, R/O- VILL- LEVERPUTA PART-I, P.OSADIRKHAL, P.S- KATIGORAH, DIST- CACHAR, ASSAM
VERSUS
1:THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM
2:ABHIJIT GOGOI S/O- BISHESWAR GOGOI VILL- GUMRAH PIC P.S- KATIGORAH DIST- CACHAR ASSA
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 05-03-2019
Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. I have also heard Mr. B.B. Gogoi, learned APP, Assam, appearing for the respondent no. 1. None appears for the respondent no.2.
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This criminal petition has been filed on being aggrieved by the order dated 05/09/2018 passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, rejecting the prayer for zimma of the coal seized by the Police in connection with Katigorah PS Case No. 167/2018. According to the petitioner, he is the legitimate owner of the seized coal and unless the same is released by the Police, serious prejudice would be caused to the interest of the petitioner.
It appears from the record that the learned Additional Chief Judicial Magistrate had passed the order dated 05/09/2018 rejecting the prayer for zimma of the coal after taking note of the submission made by the I.O. that the coal was required for the purpose of investigation in connection with the Police case.
By the order dated 11/01/2019 passed by this Court in the present proceeding, a report was called from the I.O. in connection with the Katiggorah PS Case No. 167/2018. Mr. Gogoi, learned APP submits that although the report has not been received from the I.O. till now, yet, the case diary is available in this case, which goes to show that the petitioner had failed to submit necessary documents showing his ownership over the seized coal, as a result of which zimma of the same has not been given to him.
The learned APP has, however, fairly submitted that since up-to-date Case Diary is not available, the present status of the investigation is not known at this point of time.
Be that as it may, since the basic prayer of the petitioner pertains to release of the coal seized by the Police in connection with Katigorah PS Case No. 167/2018 and considering the remarks made by the IO in the case diary, I am of the view that the criminal petition can be disposed of by granting leave to the petitioner to approach the IO with the relevant papers, seeking zimma of the coal. The learned counsel for both parties have also given their consent to such a recourse.
In view of the above, the criminal petition stands disposed of by granting leave to the petitioner
to approach the I.O. seeking zimma of the coal seized in connection with Katigorah PS Case No.
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167/2018 by furnishing all relevant documents. If such documents are placed before the IO within fifteen days from today, the same may be considered and a decision pertaining to the zimma of the coal be taken within seven days thereafter.
While doing so, the I.O. will also consider as to whether the custody of the seized coal is actually necessary for investigation in the police case.
If the petitioner remains aggrieved even thereafter, it will be open for him to seek legal remedy as may be permissible under the law.
With the above observation, the criminal petition stands disposed of.
Case diary be sent back urgently.
JUDGE
Sukhamay
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be granted leave to approach the Investigating Officer with relevant documents to seek zimma of seized coal.
Abdul Sahid Laskar
The State of Assam
Abhijit Gogoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
