The Gauhati High Court has held that the betel nuts can’t be seized when not required for purpose of investigation and set aside the order of the lower court.
During Naka Checking, Khatkhati Police station found 26 bags of betel nuts, weighing 1936 kg, being carried by one Md. Rajibul Islam, inside the dickey of a bus, which was proceeding towards Bokajan side, could not produce any supporting documents and as such the same are suspected to be stolen article and seized accordingly preparing seizure list.
The petitioner, M D. Rajibul Islam had filed one petition seeking custody of the seized 26 bags of betel nuts before the learned Judicial Magistrate, Bokajan, Karbi-Anglong, Assam and then vide impugned order, dated 09.06.2022, the learned Magistrate, had rejected the petition.
It was contended by the petitioner that the petitioner had purchased the betel nuts locally from Zutovi Village, Dimapur and transported the same to Rupahi and he was the legal owner of the same and was ready to pay Tax and that the betel nuts are lying the P.S. Campus for more than 128 days. Further stated that they are subject to speedy natural decay and in the event of damage he will suffer losses to the tune of Rs. 4,50,000/ which was not accepted by the lower court.
It was observed that the seized betel nuts are not required for investigation which was apparent from the report of the Investigation Order and the seized betel nuts are subject to speedy natural decay.
The court observed that there is no allegation of theft in respect of the said seized betel nuts. The learned counsel for the petitioner has also produced one certificate issued by Gaon Burah and the Chairman of Zutovi Village in respect of purchasing betel nuts from their village.
Justice Robin Phukan observed that the impugned order withstands the test of legality, propriety and correctness and set aside and quashed the impugned order dated 09.06.2022. The court allowed the petition.
The Petitioner was represented by Mr M A Sheikh and the respondent was represented by P P Assam.
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