Dismissed¶23

Anowar Sk v. the State of Assam

Gauhati HC4 Jan 2026Crl.Pet./1629/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; maintainability of criminal petition; custody of seized vehicle; interim custody of seized property; jurisdictional Magistrate; Earth Moving Machine JCB 3DX SUPER-4WD; registration no. AS-01/FE-4576; Barpeta Police Station Case no. 393/2025; Section 316[2] BNSS; Yes Bank Financier Bank; installments default; seizure list M.R. no. 407/2025; Khengarbhai Lakhabhai Dambhala [2024] 4 SCR 606; Gauhati High Court; Manish Choudhury, J.; petition dismissed, no cost.

What did the court decide?

The criminal petition under Section 528 BNSS seeking custody of the seized subject-vehicle is not maintainable; the petitioner has to approach the jurisdictional Magistrate Court for custody of the vehicle, in view of the Supreme Court decision in Khengarbhai Lakhabhai Dambhala vs. the State of Gujarat, [2024] 4 SCR 606. ¶22

Anowar Sk Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

Page No.# 1/3

GAHC010282092025

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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./1629/2025

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ANOWAR SK

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S/O- ATOWAR RAHMAN, R/O-152 KASHARI PARA, WEST GARO HILLS, HALIDAYGANJ, MEGHALAYA, PIN-794104. PRESENT ADDRESSR/OHATIGAON, P.O P.SHATIGAON, GUWAHATI-781038.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM

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Advocate for the Petitioner : MD A ALI,

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 05-01-2026

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Heard Mr. A. Ali, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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The instant criminal petition under Section 528, Bharatiya Nagarik

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Suraksha Sanhita [BNSS], 2023 is preferred seeking a direction for custody of one Earth Moving Machine [JCB 3DX SUPER-4WD] [‘the subject-vehicle’, for short] the bearing registration no. AS-01/FE-4576, which has been seized in connection with Barpeta Police Station Case no. 393/2025.

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In a First Information Report [FIR] lodged by one Anowar Hussain before the Officer In-Charge, Barpeta Police Station on 13.11.2025, the informant has inter alia alleged that the Earth Moving Machine [‘the subject-vehicle’], was sold to the petitioner at a consideration of Rs. 9,00,000/- by the informant by executing an agreement. In the agreement, it was mentioned that the subjectvehicle was financed by Yes Bank [‘the Financier Bank’] and the petitioner was obligated to repay the installments, remaining as on that date, in time to the Financier Bank. It was further mentioned that in the event of default on the part of the petitioner to pay any of the thirty-seven remaining installments, the informant would have the right to repossess and retain the subject-vehicle. In the FIR, the informant had alleged that the petitioner had only paid fourteen nos. of installments to the Financier Bank, that too, irregularly and he failed to pay the remaining twenty-three nos. of installments. On the basis of the FIR, Barpeta Police Station Case no. 393/2025 was registered under Section 316[2], BNSS on 14.11.2025.

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The petitioner has to approach the jurisdictional Magistrate Court seeking custody of the subject-vehicle, which was seized from his possession by the I.O. of Barpeta Police Station Case no. 393/2025 vide a seizure list, M.R. no. 407/2025 on 14.11.2025. Instead, the petitioner has approached this Court by preferring the instant criminal petition under Section 528, BNSS, seeking

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custody of the subject-vehicle, which is found to be not maintainable. In this connection, the decision of the Hon’ble Supreme Court in Khengarbhai Lakhabhai Dambhala vs. the State of Gujarat, [2024] 4 SCR 606 , can be referred to.

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Consequently, the present criminal petition is dismissed. No cost.

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JUDGE

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Comparing Assistant

Anowar Sk v. the State of Assam

Case brief

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Anowar Sk v. the State of Assam

Case brief

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