Gauhati High Court
Page No.# 1/6 vs The State Of Assam on 7 September, 2022
Page No.# 1/6
GAHC010172512022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./428/2022
ISLAM ALI AND ANR.
SON OF MD. JAMAL ALI
R/O KATAHBARI
NO. 1 KABARSTHAN, GUWAHATI-781035, P.O. AND P.S. GORCHUK,
DIST. KAMRUP (METRO), ASSAM
2: MRS. NURJAHAN BEGUM
W/O LATE HASIM ALI
R/O KATAHBARI
NO. 1 KABARSTHAN
GUWAHATI-781035
P.O. AND P.S. GORCHUK
DIST. KAMRUP (METRO)
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. T ISLAM
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Crl. Pet. No. 428/2022 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 07.09.2022 Heard Mr. S Nawaz, learned counsel for the petitioners and also heard Mr. D Das, learned Additional Public Prosecutor for the State respondent.
In this petition, under Section 397/401 Cr.P.C, read with section 482 Cr.P.C, two petitioners, namely, Islam Ali and Mrs. Nurjahan Begum, have challenged the legality propriety and correctness of the order dated 10.08.2022, passed by the learned JMFC, Kamrup (Metro) in Paltanbazar P.S. Case No. 235/2022 (GR Case No. 4097 of 2022). It is to be noted here that vide impugned order, the learned Court below has dismissed the Petition No. 5838 and Petition No. 5839 dated 29.07.2022, preferred by the petitioners, seeking custody of the seized vehicle and other articles and documents.
Pursuant to order of this Court dated 30.08.2022, Mr. D. Das, learned Additional Public Prosecutor has produced the Case Diary before this Court and submits that though one status report was called for, the I.O. has sent the Case Diary, and submits that he has no objection in the event of releasing the vehicle seized in connection with this case, but, he Page No.# 3/6 has objection in releasing the other articles in the custody of the petitioners, a police may be allowed to continue investigation in respect of the same. But, to a pointed query of this court Mr. Das submits that there is no prayer from the I.O. in that regard.
On the other hand, Mr. S. Nawaz, learned counsel for the petitioner submits that the learned Court below vide impugned order dated 10.08.2022, has illegally rejected the petition filed by the petitioners, seeking custody of the seized vehicle and other articles and documents. Mr. Nawaz, further submits that the vehicle and the documents and other articles were seized by Police on 08.05.2022, and since then, the I.O. got sufficient time for investigation and as such, rejecting the prayer of the petitioners, vide impugned order dated 10.08.2022, is illegal and unsustainable in law.
Having heard the submissions of learned Advocates for both sides, I have carefully gone through the petition as well as the documents on record and also perused the Case Diary produced by Mr. D. Das, learned Additional Public Prosecutor for the State respondent.
It is to be noted here that vide seizure list dated 08.05.2022, the IO of the Paltanbazar P.S. case No. 235/2022, under Section 120B/392/325/34 IPC, has seized the following articles:-
1) 4 nos. of vehicle number plates.
2) 2 nos. of android tablet 1 Samsung and 1 Lenovo.
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3) 5 nos. of android phone, (one REDMI Note 8, 1 REDMI Note 7, 1 POCO X3, one REDMI Note 9 and 1 SAMSUNG Note 10,
4) 1 no. of gold plated chain,
5) 1 No. of five hundred rupees Indian currency notes,
6) 1 No. of grey coloured school bag,
7) 1 no. of original key of WAGON-R four wheeler vehicle,
8) Documents of Jamal Ali,
9) 1 no. of WAGON-R vehicle, bearing Registration No.AS-01 MC-7309 (commercial)
10) 10 nos. of ID proofs of different individuals, i.e., one pan card, one voter ID card, one Aadhar card, one driving licence, another Aadhar card, one number of pan-card and another driving licence and one more driving licence and two other driving licence and one number of grey coloured wallet.
From the impugned order, it appears that the learned court has called for one report from the I.O. and on the basis of the said report; the learned Court below has dismissed the petitions. Be it mentioned here that the I.O. in the said report had indicated that the seized articles including the vehicle will be required for further investigation.
Page No.# 5/6 However, as stated earlier the vehicle along with other materials and documents were seized on 08.05.2022, on the basis of one FIR, lodged by one Suresh Bikash on 08.05.2022, to the effect that on 07.05.2022, at about 2:00 pm accused Islam Ali and 3 others allegedly cheated him by stating that if he gives them 50,000 rupees, then they will return 1,50,000 rupees to him and while he reached Guwahati from Arunachal, then the accused person forced him into a car and took him to the ISBT and from there snatched away his amount and they have also assaulted him and his friend, but somehow he managed to escape and reported the matter to Police.
There is no dispute that the petitioners are owners of the seized articles including the vehicle. It is also not in dispute that the offence is committed in respect of the same. In view of the nature of accusations leveled in the FIR, and also in view of the fact that the IO got sufficient time in respect of investigation, and also in view of the submission of learned Mr. D. Das, learned counsel for the petitioner, and further keeping in mind the ratio laid down by the Hon'ble Supreme Court in the case of Sunderbhai Ambala Deshai Vs. State of Gujarat reported in (2002) 10 SCC 283, this Court is inclined to allow this petition. And accordingly, it is provided that on executing a bond of Rs. 5,00,000/- (Rupees Five Lacs Only) with one solvent surety of the like amount, the seized vehicle bearing Registration AS-01MC7309 (commercial), shall be released in the custody of the applicant, Islam Ali, who is the registered owner of the said vehicle. Further, it is provided that on furnishing a bond of Rs. 1,00,000/- (Rupees One Lac only) with one surety of the like Page No.# 6/6 amount, the other articles, as mentioned in the petition No. 5838 and petition No. 5839, dated 29.07.2022, which were seized vide seizure list dated 08.05.2022, shall also be released in the custody of the petitioners.
In terms of above, this revision petition stands disposed of.
Case Diary be returned.
JUDGE Comparing Assistant