Allowed

Sh. Lalbiaknunga v. State of Mizoram and Anr.

Gauhati HC6 Oct 2023Crl.Pet./9/2023

Case brief

AI extract

What is this about?

Petitioner sought zimma of a seized scooty under Section 482 Cr.P.C. in a Special Narco case. The High Court allowed the petition, directing police to prepare a panchnama, owner to furnish a bond of Rs. 1 lakh, and comply with conditions regarding the vehicle until case disposal.

What did the court decide?

Zimma of registered scooty granted subject to bond of Rs. 1 lakh, panchnama with photographs, and undertaking to produce vehicle as required.

Sh. Lalbiaknunga Vs State of Mizoram and Anr. — Narcotics (NDPS) | Gauhati HC (2023)

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Page No.# 1/3

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GAHC030005022023

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

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Case No. : Crl.Pet./9/2023

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Sh. Lalbiaknunga Bungtlang South. P/A - Nursery Veng, Aizawl, Mizozram

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VERSUS

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State of Mizoram and Anr. Aizawl2:The Office-in-Charge Special Narcotics Police Station Aizawl Aizawl Mizora

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Advocate for the Petitioner : Mr B Lalramenga

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Advocate for the Respondent : P.P./Addl.PP, Mizoram

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- B e f o r e –

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Hon’ble Mr. Justice arun dev choudhury

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06.10.2023

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Heard Mr. R. Subedi, learned counsel for the petitioners. Also heard Mrs. Linda L. Fambawl, learned Addl. PP, Assam.

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Page No.# 2/3

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The present application is filed under section 482 Cr.P.C praying for zimma of vehicle (Scooty Aprillia) bearing registration No.MZ 01-N/5847 with its ignition key which were seized in connection with Spl. Narco PS case No. 18/2023 under Section 20(b)(ii)(B)/25 of ND&PS Act.

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The present petitioners filed an application being Criminal Misc Application No. 14/2014 before learned Judge, Special Court, ND&PS Act, Aizawl for zimma of the vehicle and during the aforesaid proceeding, the learned court below by its order dated 30.03.2023 rejected such prayer.

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Be that as it may, according to the learned counsel for the petitioner the scooty is under the custody of the police since 20.03.2023.

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The Hon’ble Apex Court in the case of Sunder Bhai Ambala Desai Vs. State of Gujrat reported in (2002) 10 SCC 283 while dealing with the power of a magistrate under section 451 and 457 Cr.P.C., regarding disposal of seized material has laid down the following proposition of law:-

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That the application for zimma of seized material shall be dealt expeditiously and judiciously with the object that the owner of the seized article should not suffer for it being remaining unused or by its misappropriation,

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The Hon’ble apex court at paragraph 17 observed that whatever the situation be, it is of no use to keep the materials more particularly seized vehicles at police station for a long period.

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In view of the aforesaid settled propositions of law, this court in the given facts of the present case is of the view that the seized vehicles be released to

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Page No.# 3/3

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the registered owner or his representative subject to the following conditions:

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The investigating authority shall prepare proper panchnama of the scooty and take photographs of such vehicle and get the signature of the owner or representative of the owner.

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The owner/ representative shall give a bond of Rs. 1,00,000/- (Rupees One Lakh Only).

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The petitioner/owner shall not change the colour or structure of the scooty and shall not also dispose of the vehicle till disposal of the case.

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The petitioner/owner shall produce the vehicle before the I/O or concerned court as and when called for the purpose of investigation or trial.

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With the aforesaid the present petition stands allowed.

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J U D G E

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Comparing Assistant

Sh. Lalbiaknunga v. State of Mizoram and Anr.

Case brief

What is this about?

What did the court decide?

Sh. Lalbiaknunga v. State of Mizoram and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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