The Gauhati High Court has, in a revision petition under Sections 401/397 of the Code of Criminal Procedure, directed to release seized betel nuts in the custody of the police officials, they being goods of perishable quality.
The said revision petition filed before High Court against the order of a Judicial Magistrate of Assam, results from the seizure of 26 bags of betel nuts by the police officials, which were belonging to the petitioner.
Being highly aggrieved by the seizure and detention of the same by the police officials for more than 128 days, the failure on side of the Magistrate Court to consider the I.O.’s report regarding their non -requirement for the purpose of investigation, as well as the non – claiming of these bags by no one except the petitioner who is also willing to pay tax for the same, the High Court Of Gauhati has considered the petitioner’s plea regarding the perishable nature of the betel nuts and the subsequent financial loss that the petitioner is likely to suffer from the same.
“Considering the facts and circumstances of the case, it cannot be said that the impugned order of the magistrate court withstands the test of legality, propriety and correctness”- The High Court added, allowing the revision petition.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
