Disposed

Punam Devi v. the State of Assam

Gauhati HC9 Sept 2019Crl.Pet./179/2019

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking the release of a seized vehicle. The Court directed the petitioner to file a fresh application for jimma before the trial court with relevant documents, while instructing the trial court to verify if confiscation proceedings have been initiated.

What did the court decide?

Disposed of the petition with a direction to the petitioner to file a fresh jimma petition before the trial court and directed the trial court to verify the status of confiscation proceedings.

Punam Devi Vs the State of Assam — Motor Accident Claims | Gauhati HC (2019)

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GAHC010032902019

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THE GAUHATI HIGH COURT

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

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Case No. : Crl.Pet. 179/2019

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1:PUNAM DEVI

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W/O SRI RANJIT RAI, R/O DISPUR, PO AND PS- DISPUR, GUWAHATI, KAMRUP(M), ASSAM, PIN- 781006

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VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MR. A R SHOME Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 09-09-2019

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Heard the learned counsel for the petitioner as well as the learned counsel for the State respondent.

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The vehicle bearing No.AS-01-KC-0608 was seized in connection with Dillai P.S. Case No.31/2018 pertaining to GR Case No.937/2018 under Sections 120(B)/420/411 IPC read with Section 53 (1-a) of the Assam Excise Act. As per the FIR, on 01.09.2018 the driver and handyman of the said vehicle was found carrying 230 cartoons of wine concealed under perishable goods (chips) by the police officials and as the driver of the vehicle could not produce any document, the articles as well as the vehicle were seized. The petitioner herein Smti. Punam Devi claiming herself to be the owner of the aforesaid seized vehicle made a prayer before the learned Chief Judicial Magistrate, Karbi Anglong for giving jimma of the said vehicle but the court rejected the prayer for

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jimma on the basis of police report that the I/O could not ascertain the owner of the seized vehicle and that further investigation is required vide order dated 01.10.2018. When the order was challenged before the Revisional Court, the learned Revisional Court has affirmed the order vide its order dated 19.12.2018. In the last para of the order, the learned Revisional Court has also observed that the confiscation proceeding has been initiated as regard the seized vehicle but, however, there is no clear picture as to whether such confiscation proceeding has been initiated or not from the relevant documents.

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Heard the submission of the learned counsel for the State who has submitted that the trial court will be in a best position to decide the matter of jimma subject to prove that the petitioner is the real owner of the aforesaid vehicle having relevant documents.

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From the report of the I/O it reveals that no owner turned up before the I/O along with relevant documents to prove the ownership for which the vehicle could be released.

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The petitioner herein could not explain any reason as to why she did not turn up before the I/O along with all the documents justifying her ownership over the seized vehicle.

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Now only thing remains that the vehicle in question was seized and unless there is proper confiscation proceeding such a vehicle cannot be kept inside the police station for years together and rightful owner has a claim upon such vehicle subject to production of documents.

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Considering all aspects of the matter, the present petition stands disposed of with a direction to the petitioner to move jimma petition before the trial court afresh along with all the relevant documents praying for jimma of the vehicle and the learned trial court will obtain proper report from the I/O as to whether any confiscation proceeding has been initiated and pass necessary order on the petition for jimma of the vehicle subject to production of all the relevant documents.

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JUDGE

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Comparing Assistant

Punam Devi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Punam Devi v. the State of Assam

Case brief

What is this about?

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