Disposed¶21

Anowar Hussain v. the State of Assam

Gauhati HC15 Feb 2026Crl.Rev.P./517/2025

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Rev.P./517/2025; Anowar Hussain v. State of Assam; Justice Rajesh Mazumdar; order dated 16-02-2026; zimma of seized vehicle AS01PC5964 and seized rice; confiscation not done by authorities; seized articles lying exposed at police station; perishable rice likely to suffer damage; FCI DO Guwahati report - no theft complaints, no complaints of theft of 600 bags of rice; surety and bond; satisfaction of CJM Kamrup (M); criminal revision petition disposed of; Addl. P.P. K. Baishya report kept on record.

What did the court decide?

Petitioner allowed to take zimma (interim custody) of the vehicle bearing Regd. No. AS01PC5964 and the rice involved in the matter, on giving such surety and executing such bond as may be required to the satisfaction of the CJM, Kamrup (M); the Addl. P.P.'s report kept on record. ¶21

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be permitted to take interim custody (zimma) of the seized vehicle bearing Regd. No. AS01PC5964 and the rice involved in the matter.

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Court's answer

In view of the position that confiscation of the rice had not been done, the seized rice and vehicle lay exposed at the police station and the rice is perishable, and the FCI reported no theft complaints and investigation had not revealed complaints of theft of 600 bags of rice, the Court deemed it fit to allow the petitioner to take the zimma of the vehicle bearing Regd. No. AS01PC5964 and the rice involved, by giving such surety and executing such bond as may be required to the satisfaction of the CJM, Kamrup (M).

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Ratio / Principle

The criminal revision petition stands disposed of, and the report submitted by the learned Addl. P.P. is kept on record.

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Detailed headnote1 paragraphs

Criminal Revision (Gauhati High Court, Crl.Rev.P./517/2025, decided 16-02-2026, Justice Rajesh Mazumdar) - interim custody (zimma) of seized vehicle (Regd. No. AS01PC5964) and seized rice sought by petitioner - report placed by Addl. P.P. showed confiscation of the rice had not been done and the seized rice and vehicle lay in the police station premises in open space, exposed to sun and rain, likely to suffer damage, the rice being perishable - FCI report showed no reports of theft in depots under FCI, DO, Guwahati during the period in question and investigation had not revealed complaints regarding theft of 600 bags of rice - petitioner permitted to take zimma of the vehicle and rice on giving surety and executing bond to the satisfaction of the CJM, Kamrup (M) - criminal revision petition disposed of; Addl. P.P.'s report kept on record.

Page No.# 1/2

GAHC010269582025

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

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Case No. : Crl.Rev.P./517/2025

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ANOWAR HUSSAIN

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S/O NAYAN KHAN, R/O DHARAMPUR, CHAKHOWAJAR, BARPETA, ASSAM, PIN 781308

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR D MEDHI, MR B M DEKA,MR K THAKUR,S YESMIN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

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Date : 16-02-2026

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Heard Ms. S. Yesmin, learned counsel for the petitioner and also heard Mr. K. Baishya, learned Addl. P.P appearing for the State.

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By the last order the updated CD including a report as regards any steps/decision taken relating to confiscation of the seized vehicle/articles was required to be placed before the Court today.

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Page No.# 2/2

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The report has been placed by Mr. K. Baishya where confiscation of the rice had not been done by the authorities till date. It is also reported that the seized of the rice and vehicle has been lying in the premises of the police station in open space, exposed to sun and rain and is likely to suffer damage if kept idle for a prolonged period, resulting in loss of its road worthiness and value. The seized rice is perishable in nature.

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The learned counsel for the petitioner has drawn the attention of this Court to the report of the FCI which stated that there are no reports of theft in depots under the FCI, DO, Guwahati during the period in question and till now the investigation has not revealed complaints regarding theft of 600 bags of rice.

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In view of the above, this Court deem it fit to allow the petitioner to take the zimma of the vehicle bearing Regd. No. AS01PC5964 and the rice which is involved in this matter by giving such surety and executing such bond as may be required to the satisfaction of the CJM Kamrup (M).

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The criminal revision petition stands disposed of.

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The report submitted by the learned Addl. P.P is kept on record.

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JUDGE

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Comparing Assistant

Anowar Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

Anowar Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

Parties & counsel

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