The Gauhati High Court quashed zimma petition on the ground of absence of proof that the seized areca nuts will not be used for human consumption.
During investigation Police also seized other 107 bags betel nuts from the same godown as being shown by the arrested person. Accordingly, a report has been received by the Investigation Officer from the Food Analyst, wherein, it is opined that the seized areca nuts were not fit for human consumption as per Food Safety and Standards Regulations.
In the meantime, the respondent, Ajeet Kumar Bhadani filed a zimma petition being Petition before theCJM, stating he is the owner of seized 800 bags of betel nuts and prayed for custody of the same. Thereafter, the Chief Judicial Magistrate, allowed the aforesaid zimma petition, thereby, allowing the custody of the seized areca nuts to the respondent. Challenging the order of CJM, the State is in appeal before the High Court.
The Counsel for the respondent, A. Islam, submitted that the said order does not suffer from any impropriety, infirmity or illegality. Moreover theZimma order also conform the SOP, issued by the Government of Assam regarding seizure and disposal of betel nuts and that it has been passed with proper application of mind by considering the materials available on record in the light of ratio decided by theApex Court in this regard.
P. Borthakur, the Public Prosecutor for the petitioner submitted that though the Trial Court has allowed the zimma petition with a direction to file affidavit that the respondent shall not use the seized areca nuts for human consumption in any form and also to submit a certificate after disposal of the said betel nuts stating the modes and manner of the disposal. But till date no such report has been submitted by the respondent.
The Bench of Justice Mitali Thakuria, observed that “I find that interference of this Court is necessary. Accordingly, the said order of Zimma petition is set aside and quashed, with a direction to the respondent to collect report from the SP regards to genuineness of claim that the seized areca nuts will not be used for human consumption and after verification of relevant documents etc, the SP will submit a report before the Trial Court.”
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