In a zimma proceeding seeking release of seized rice, the Court allowed the petition, directing the Inspector of Police to release the articles to the petitioner on bond and valuation within ten days.
The seized articles to be released to the petitioner on execution of a bond after valuation by the Supply Department within ten days.
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GAHC010147622020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./196/2020
ABDUL KALAM AZAD
S/O ABDUL JABBAR, R/O VILL-JOR SIMALU GOSPUTA, P.S.-CHAYGAON, DIST-KAMRUP(R), PIN-781137
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
16-11-2020.
By this application under Section 482 of the CrPC, the petitioner has sought for quashing of the impugned order dated 28.09.2020, passed by the learned CJM, Kamrup at Amingaon, in connection with Chhaygaon P.S. Case No.477/2020, registered under Section 379/411 of the IPC, read with Section 7 of the E.C. Act.
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Heard the submission of learned counsel for the parties. Also perused the case diary and the status report produced.
As per the allegation, 270 bags of suspected to be PDS rice bag, approximately 13200 Kg., was recovered from the premises cum godown of the present petitioner, as on 13.05.2020 and accordingly the Chhaygaon P.S. Case No.477/2020, as stated above was registered. Immediately after the seizure, the petitioner herein preferred a zimma petition before the learned trial Court, praying for zimma of the articles which was however rejected by the learned court vide order 28.09.2020, considering the fact that the case was registered under Section 379 of the IPC, read with Section 7 of the E.C. Act and there is a provision of confiscation of the seized article also.
Being aggrieved with the aforesaid order, the present petition has been filed seeking zimma of the seized article.
Today the I.O. has submitted his status report stating that the sample of the seized articles was sent to FCI for examination and the report of the FCI reveals that the seized articles were not PDS rice.
The report sought from the concerned Circle Officer as regards the permission of the petitioner to carry on the business of rice is awaited. However the I.O. has also submitted in his report that the rice is a perishable item and the petitioner could not produce any valid document in his favour to support that he is the owner of the seized rice but keeping of such article for a long period in police custody may cause decay of the quality of the article and the I.O. has submitted that after valuation of the seized article by the Supply Department, the same may be released in favour of the petitioner, after obtaining sufficient surety.
I have considered the submission of respective counsel for the parties and also gone through the report submitted by the I.O. along with the photograph of the seized articles, which is kept not in a proper way, perhaps due to space constraint.
The rice was seized far back on 13.05.2020 and six months are already over and further keeping of the same in an improper condition may cause damage of the article which is otherwise valuable one. It is also noted that no confiscation proceeding has been initiated till yet against the petitioner and the petitioner is ready to abide by any condition for release of such article in his zimma.
Taking note of all the above, this Court is of the opinion that it will be proper if the seized article is released at this stage in favor of the petitioner, by obtaining proper bond.
Accordingly it is directed to the I.O. to release the seized article in favor of the petitioner, after assessing the value of the seized rice by the Supply Department, on execution of a bond and the
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whole exercise should be completed within a period of 10 (ten) days from today.
The petition stands allowed accordingly.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the seized PDS rice articles should be released to the petitioner by bond in the zimma proceeding.
Whether the petitioner is liable to produce ownership documents or valuation before release.
Whether the high court should allow the petition for zimma of the seized articles.
1 provisions across 1 enactments
Abdul Kalam Azad
The State of Assam Represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
