Revision petition against rejection of zimma of a seized vehicle. The Investigating Officer failed to file a report twice. The court directed completion of investigation regarding the vehicle within 15 days and its release to the petitioner if ownership was ascertained, subject to non-disposal and production conditions.
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GAHC010221732025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1229/2025
GOLAP KHAN S/O NAYAN KHAN R/OVILL- BHERAGAON, P.O-JOHARPAM P.S-BARPETA, DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM.
Advocate for the Petitioner : MR S ISLAM, MR. R ISLAM,S RAHMAN
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
Date : 04.11.2025
Heard the learned counsel for the petitioner and the learned Addl. PP, Assam.
This revision petition has been preferred against the order dated 18.09.2024 passed by the learned Addl. Sessions Judge, Goalpara, rejecting the prayer for zimma of the petitioner’s vehicle.
A report was called for from the I/O, who has failed to produce the same
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for the 2nd time as on date.
It is submitted on behalf of the petitioner that the petitioner is the registered owner of the vehicle, which was seized on 01.06.2025 and more than four months have been elapsed since then.
Given the aforesaid facts, this petition is disposed of with a direction to the Investigating Officer of the case to ascertain the ownership of the vehicle and also to complete the remaining investigation as far as the vehicle, bearing registration No. AS-01-QC-0759 is concerned, within a period of 15 days from the date of submission of the certified copy of this order to the I/O and in the event it is ascertained that the petitioner is the registered owner of the vehicle, the same shall be handed over to the petitioner subject to the condition that he shall not dispose of the vehicle during the pendency of the trial or make any substantiate changes to the said vehicle and also to produce the said vehicle as and when required by the learned Trial Court.
The criminal petition is accordingly disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether interim custody (zimma) of the petitioner's seized vehicle could be granted pending trial.
Golap Khan
The State of Assam
Sanjeev Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
