Smti Labanya Das Vs the State of Assam and Anr. — Narcotics (NDPS) | Gauhati HC (2025)

Smti Labanya Das Vs the State of Assam and Anr. — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Zimma of vehicle AS 12 CC 1072 granted to the petitioner subject to execution of a bond of Rs.1,00,000/- to the satisfaction of the Officer-In-Charge and an undertaking to produce the vehicle as and when required by the Court; the report of the IO to form part of the record.

Issue for consideration

Whether the vehicle bearing registration No. AS 12 CC 1072, seized in connection with Rowta Police Station Case No. 128/2024, may be released on zimma to the petitioner notwithstanding the earlier rejection of zimma by the Special Judge, Udalguri.

Court's answer

The Court held that the vehicle may be given in zimma to the petitioner on execution of a bond of Rs.1,00,000/- to the satisfaction of the Officer-In-Charge, with an undertaking that the petitioner shall produce the vehicle as and when required by the Court.

Ratio / Principle

The Court reasoned that the earlier impugned order was passed at the stage of further investigation when the vehicle was required for further investigation, whereas the Investigating Officer has now submitted that the vehicle is not required for further investigation.

Detailed headnote1 paragraphs

Gauhati High Court, Crl.Pet./390/2025 - Order dated 02-06-2025 by Mrs. Justice Susmita Phukan Khaund. Application under Section 528 of BNSS 2023 by Smti Labanya Das for zimma of a Bolero PIK-UP (Regn. No. AS 12 CC 1072) seized in Rowta Police Station Case No. 128/2024 under Sections 20(b)(ii)(C)/29 of the NDPS Act. The Special Judge, Udalguri had rejected zimma on 13.03.2025 (Petition No. 381/2025) as the vehicle was then required for further investigation. After charge sheet Rowta PS CS No. 49/2025 (dated 01.06.2025) and the IO's report that investigation is complete and the vehicle is not required, the Court directed that the vehicle be given in zimma to the petitioner on a bond of Rs.1,00,000/- to the satisfaction of the Officer-In-Charge, with an undertaking to produce the vehicle as and when required by the Court; the petition stands disposed of.

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GAHC010067302025

2025:GAU-AS:7190

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

Case No. : Crl.Pet./390/2025

SMTI LABANYA DAS W/O HEMAN SUTRADHAR R/O VILL-BATBARI P.O. MAZBAT PIN- 784507 DIST. DARRANG, ASSAM

VERSUS

THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM

2:MAHENDRA SINGHA SUB-INSPECTOR (UB)L ROWTA POLICE STATION. DIST. UDALGURI (BTR) ASSA

Advocate for the Petitioner : TUN RAJKHOWA,

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

Date : 02-06-2025

Heard learned counsel Ms. T. Rajkhowa for the petitioner Smt. Labanya

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Das, who has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for zimma of the vehicle bearing registration No. AS 12 CC 1072, Bolero PIK-UP FB PS 1.3T.

The petitioner is aggrieved by the order dated 13.03.2025 passed by the learned Special Judge, Udalguri in connection with Petition No. 381/2025 rejecting the zimma of the vehicle seized in connection with Rowta Police Station Case No. 128/2024 under Sections 20(b)(ii)(C)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam.

A report has been sent from the IO, who has submitted that charge sheet has been laid against the petitioner vide Rowta PS CS No. 49/2025 under Section 20(b)(ii)(C)/29 of NDPS Act dated 01.06.2025. Investigation is complete and the vehicle is not required for further investigation.

The earlier impugned order was passed at the stage of further investigation as the vehicle was required for further investigation. Now, the IO has submitted that the vehicle is not required for further investigation.

The aforementioned vehicle may be given in zimma to the petitioner on his execution of a bond of Rs.1,00,000/- (Rupees One Lac) to the satisfaction of Officer-In-Charge with an undertaking that the petitioner shall produce the vehicle as and when required by the Court.

The report of the IO shall form a part of this record.

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8. In terms of the above observation, this petition stands disposed of.

JUDGE

Comparing Assistant