Gauhati High Court
Jayanta Kr. Das vs The State Of Assam on 15 February, 2019
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/2
GAHC010031392019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P. 57/2019
1:JAYANTA KR. DAS
S/O. LT. NARA KANTA DAS, R/O. VILL. PATBAUSHI, P.S. BARPETA, DIST.
BARPETA, ASSAM-781314.
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP, ASSAM.
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 15-02-2019 Heard Ms. T. Som, learned counsel for the petitioner. I have also heard Ms. S.H. Bora, learned APP, Assam, appearing for the State.
Assailing the order dated 08/02/2019 passed in connection with Jalukbari PS Case No. 99/2019 registered under Section 279/379/411 of the IPC, whereby the learned SDJM No.2, Kamrup, Guwahati has rejected the prayer of the petitioner seeking zimma of 280 bags of rice seized by the Police, the present petition has been filed.
By referring to the report of the FCI dated 05/02/2019, Ms. Som submits that it could not be ascertained as to whether the samples of rice seized by the Police is from the PDS account or not.
Page No.# 2/2 Under the circumstances, the very foundation of the allegation is shaken and, therefore, there can be no justifiable ground to deny the zimma of the rice ty to the petitioner.
Ms. Bora submits that the report dated 05/02/2019 of the FCI was not before the learned Court below when the order dated 08/02/2019 was passed.
This Court is conscious of the fact that the seized article is of perishable nature.
From a perusal of the report dated 05/02/2019 issued by the FCI authorities, it prima facie appears that the rice samples from the seized bags numbering 280 belonging to the petitioner, have not been found to be matching with the PDS category of rice. However, it appears that the prayer for custody of 280 bags of rice made by the petitioner was rejected by the learned Court below without being aware of the said report of FCI.
In that view of the matter, I am of the considered opinion that the order dated 08/02/2019 calls for a revisit by the learned Court below. Considering the above aspect of the matter, this Court is of the opinion that no practical purpose will be served by keeing this matter pending before this Court. Consequently, the revision petition is being disposed of at the stage of motion hearing by setting aside the impugned order.
Petitioner to produce a copy of the FCI report dated 05/02/2019 along with other relevant materials before the learned Court below so as to enable the learned Court to pass a fresh order on the application seeking custody of the 280 bags of rice after taking due note of the materials brought on record.
The aforesaid exercise be carried out as expeditiously as possible, preferably within two weeks from the date of receipt of the certified copy of this order.
With the above observation, the criminal revision petition stands disposed of.
JUDGE Sukhamay Comparing Assistant