Disposed¶24

Baharul Islam v. the State of Assam

Gauhati HC1 Jun 2025Crl.Pet./14/2025

Case brief

AI extract

What is this about?

Zimma interim custody of seized vehicle refused at investigation stage; cattle smuggling allegation and multiple number plates on vehicle AS-01-RC-6855; Jagiroad P.S. Case No. 139/2024 under BNS Sections 61(2)/303(2) with Prevention Animal to Cruelty Act, 2021 Section 11(1)(a)(b); application under BNSS 2023 Sections 438, 442, 528 read with Article 227 Constitution of India against CJM Morigaon order dated 23.12.2024; Gauhati High Court Crl.Pet./14/2025 decided 02.06.2025 by Susmita Phukan Khaund, J.; petition disposed of, no precedent discussed.

What did the court decide?

None. Prayer for Zimma of the seized vehicle declined at this stage; the Case Diary directed to be sent back and the Investigating Officer's report kept with the record. ¶24

Baharul Islam Vs the State of Assam — Writ and Judicial Review | Gauhati HC (2025)

What the court decided

AI extract

Outcome

None. Prayer for Zimma of the seized vehicle declined at this stage; the Case Diary directed to be sent back and the Investigating Officer's report kept with the record.

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Issue for consideration

Whether the order dated 23.12.2024 of the learned Chief Judicial Magistrate, Morigaon rejecting the petitioner's prayer for Zimma (interim custody) of the vehicle seized in connection with Jagiroad P.S. Case No. 139/2024 suffers from any illegality or impropriety, and whether Zimma of the vehicle should now be granted to the petitioner (registered owner) at this stage.

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Court's answer

On scrutiny of the report forwarded by the Investigating Officer, there is no illegality or impropriety in the order dated 23.12.2024 of the learned Chief Judicial Magistrate, Morigaon rejecting the petitioner's Zimma application.

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Ratio / Principle

Zimma of the seized vehicle is not granted at this stage, the Court recording that investigation is still under progress.

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Detailed headnote1 paragraphs

The Gauhati High Court (Mrs. Justice Susmita Phukan Khaund) by order dated 02.06.2025 disposed of Crl.Pet./14/2025 filed by Baharul Islam, registered owner of vehicle No. AS-01-RC-6855, under Section 438/442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Article 227 of the Constitution of India, challenging the order dated 23.12.2024 of the learned Chief Judicial Magistrate, Morigaon rejecting his Zimma application (I.A. Zimma petition No. 415/2024) for the vehicle seized in connection with Jagiroad P.S. Case No. 139/2024 under Sections 61(2)/303(2) of the BNS read with Section 11(1)(a)(b) of the Prevention Animal to Cruelty Act, 2021. Scrutinising the Investigating Officer's report and noting that investigation was still under progress and that the vehicle had been seized with several number plates, the Court found no illegality or impropriety in the impugned order and declined to grant Zimma of the vehicle at that stage, directing that the Case Diary be sent back and the Investigating Officer's report kept with the record.

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GAHC010001952025

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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./14/2025

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BAHARUL ISLAM S/O SHARAFOT ALI R/O MORISHUTI PAM P.O. KURANIBOR, MORIGAON, ASSAM, PIN-782411

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : M. HOSSAIN, MS. A SULTANA,MR. ABU LAISE

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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02.06.2025

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Heard Mr. M. Hossain learned counsel for the petitioner Baharul Islam who has filed this application under Section 438/442 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, read with Article 227 of the Constitution of India challenging the order dated 23.12.2024 passed by the

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learned Chief Judicial Magistrate, Morigaon in connection with I.A. Zimma petition No. 415/2024 rejecting the prayer of the petitioner for Zimma of the vehicle seized in connection with Jagiroad P.S. Case No. 139/2024 under Sections 61(2)/303(2) of the BNS read with Section 11(1)(a)(b) of the Prevention Animal to Cruelty Act, 2021.

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Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State who has raised objection stating that there are incriminating materials in the Case Diary against the petitioner and the vehicle bearing registration No. AS-01-RC-6855 has been seized in connection with this case with several number plates. It is submitted that the petitioner was deeply involved in smuggling cattle and manipulating number plates of the vehicle.

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I have considered the submissions at the Bar with circumspection.

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It is submitted on behalf of the petitioner that being the registered owner, he was not aware of the activities of smuggling of cattle by using his vehicle.

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I have scrutinized the report forwarded by the Investigating Officer. At this juncture, it appears that there is no illegality or impropriety of the order passed by the learned Chief Judicial Magistrate, Morigaon and impugned by the petitioner. Investigation is still under progress.

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