Allowed

Md. Abdul Mozid v. the State of Assam

Gauhati HC9 Nov 2022Crl.Rev.P./419/2022

Case brief

AI extract

What is this about?

This criminal revision petition challenged the rejection of a request to release the petitioner's car, seized during a drug case where his nephew was the accused. The High Court allowed the petition, directing the Special Judge to release the vehicle to the registered owner under appropriate conditions.

What did the court decide?

The Special Judge NDPS (Sessions Judge) Barpeta is directed to pass an order to release the vehicle in favour of the respondent due to the car belonging to the petitioner, with conditions to be impose

Md. Abdul Mozid Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010141052022

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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./419/2022

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MD. ABDUL MOZID

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SON OF LATE HAMED ALI, RESIDENT OF VILLAGE-BHERAGAON, P.S. KALGACHIA, DISTRICT- BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, GAUHATI HIGH COURT, GUWAHATI, ASSAM

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Advocate for the Petitioner : MR G BORDOLOI

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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09.11.2022

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Heard Mr. G. Bordoloi, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

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In this petition under Section 401 read with Sections 397/451 of the Code of Criminal Procedure, 1973, petitioner Md. Abdul Mozid challenges the legality, propriety and correctness of the order dated 08.04.2022, passed by the learned Special Judge, NDPS Act, in Special NDPS Case No. 29/2022, under Section 22(b) of the NDPS Act.

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The petition was rejected stating:- “on the basis that the petitioner had not stated in this petition as to why he had allowed the accused Safikul Islam to use his car to transporting narcotics drugs. He has simply stated that he is the owner of the seized car and hence, the seized car may be released in favour of his custody”.

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It submitted by the petitioner that he has purchased the car bearing registration No. AS-15-R9360, Model Maruti Alto Vxi and he used this car for personal use and his car was also hired on rent. It is submitted that Safikul Islam is his nephew and sometimes he used to hire his car. His nephew was arrested in connection with this case being case no. 29/2022 on 26.02.2022 and then his car was seized in connection with this aforementioned case. It is submitted that the petitioner was not aware that contraband was being transported in his car and in his car. His car is lying in the open in the police station since 26.02.2022, when the vehicle was seized.

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The learned counsel Addl. P.P. submitted that only the car may be given in zimma in favour of the petitioner as charge-sheet has already been laid against the accused persons and as investigation is complete.

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I have perused the case diary and charge-sheet.

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Allegedly, the aforementioned vehicle was used by Sofikul Islam for transporting contraband suspected to be heroin inside transparent polythene covered with blue coloured soap case, which was recovered from the tool box of the vehicle. The suspected heroin

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weighed around 11.63 grms.

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I have considered the submissions at the Bar and I have carefully perused the chargesheet. Investigation is complete. The vehicle which belongs to the petitioner is getting damaged as it is lying in the open in the police station. Considering all aspects, the petition is hereby allowed. The Special Judge NDPS (Sessions Judge) Barpeta may pass an appropriate order to release the aforementioned vehicle in favour of the registered owner under conditions to be imposed by the Special Judge, Barpeta.

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Accordingly, this criminal revision petition stands disposed of.

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JUDGE

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Comparing Assistant

Md. Abdul Mozid v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Abdul Mozid v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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