Disposed

Wahed Ali v. the State of Assam

Gauhati HC3 Dec 2021Crl.Rev.P./276/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a revision petition challenging a shop sealing order during an investigation in a drug case. Holding the order interlocutory, the court directed the petitioner to file a fresh petition in the trial court with all documents.

What did the court decide?

The petition was disposed of at the motion stage with a direction to file a fresh petition before the trial court enclosing all documents.

Wahed Ali Vs the State of Assam — Constitutional and Fundamental Rights | Gauhati HC (2021)

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GAHC010203962021

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

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Case No. : Crl.Rev.P./276/2021

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WAHED ALI S/O LATE KHOYAR ALI R/O VILL- MOTHERPUR,P.O. CHOTTO NILIBARI, P.S. AMGURI PIN-783394 DIST. CHIRANG, BTAD, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR D J HALOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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03.12.2021.

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Heard Mr. DJ Haloi, learned counsel appearing for the petitioner as well as Mr. RJ Baruah, learned Addl. P.P., Assam appearing for the State respondent.

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As per the FIR, on 02.11.2019, one Nur Mohammad Sheikh was apprehended by police, along with a Tata Indica vehicle bearing Regn. No.AS-01-BF-4076, while carrying drugs. On interrogation, the arrested accused reveals that the drugs were carried from the Pharmacy of accused Rajib Hussain, by name Reshmi Drugs, situated at Nityabazar. The accused persons were arrested and the contraband articles along with the vehicles were seized and later on the arrested accused were released on bail. Subsequently the pharmacy of the accused Rajib Hussain was sealed by the Executive Magistrate.

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The petitioner herein Wahed Ali preferred a petition before the learned Special Judge, Abhayapuri, praying for passing necessary order to allow him to re-open the shop and to cancel the order by which the said shop was sealed, being the owner of the said shop, which was let out to Rajib Hussain and the learned trial Court, vide order dated 30.10.2021, has rejected the prayer, on the basis of the report from the I.O., for the sake of investigation, at that stage.

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Raising grievance, the petitioner has filed the present revision petition, contending that the learned trial Court has failed to appreciate the matter that he is the owner of the said shop room, as per the documents annexed and there is nothing to suggest his complicity with the alleged offence and nothing was recovered from him.

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Considered the submission made by both the parties and perused the documents on record.

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The petitioner herein has submitted certain documents to prove that he is the owner of the land as well as the shop room and the rent agreement executed with the accused Rajib Hussain. However the order of the Magistrate, whereby the shop was sealed, is not annexed with the record.

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Be that as it may, it reveals that the present petitioner is not named in the FIR and nothing was recovered from him. On the other hand, the learned trial Court, on the basis of the report of the I.O., refused the prayer of the petitioner for the sake of investigation, which indicates it to be an interlocutory order and the petitioner has the scope to file a petition afresh before the learned trial Court and the learned trial Court can pass appropriate order, on the basis of stage of investigation and subsequent developments.

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Taking note of all the above, this Court is of the opinion that while the matter is pending

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before the learned trial Court itself and it is not a final order, the petitioner can raise his grievances before the learned trial Court.

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Accordingly the present petition stands disposed of at the motion stage itself, with a direction to the petitioner to file a fresh petition before the learned trial Court along with all the documents that have been placed before this Court and the learned trial Court will consider and dispose of the same, by giving opportunity of being heard to both sides and will pass a speaking order on the prayer so made, on the basis of the documents of the petitioner relies.

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With the above observation, the petition stands disposed of.

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JUDGE

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Comparing Assistant

Wahed Ali v. the State of Assam

Case brief

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Wahed Ali v. the State of Assam

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