Md Abu Mutaleb vs. The State Of Assam
Held
The Court held that the petitioner is at liberty to approach the court below and pray for the zimma of the seized Areca Nuts. The learned Magistrate may direct the Superintendent of Police to consider the disposal of the seized Areca Nuts within a period of one month, in accordance with the SOP for disposal of seized betel nut (supari) No. CID-XI/SOP/ Betel Nut /2021/3571 dated 16.9.2021. The FSL report and the SOP dated 16.9.2021 will form part of the record. The impugned order dated 11.5.2023 is no longer operative. The Court did not explicitly decide on the petitioner's entitlement to zimma in the first instance but directed the Magistrate to consider disposal based on the SOP, effectively allowing for a procedural resolution rather than a definitive ruling on ownership or quality at this stage.
Facts
The petitioner, Md Abu Mutaleb, filed an application under Section 397/401 of the Code of Criminal Procedure, read with Section 482 of the Cr.P.C., challenging an order dated May 11, 2023, passed by the Additional Chief Judicial Magistrate, Dhubri. This order rejected the petitioner's prayer for the zimma (custody) of 7000 Kg (101 bags) of Areca Nuts seized in connection with Gauripur P.S. Case No. 147/2023, registered under Sections 120(B)/420/379/411/201 IPC. The petitioner claimed to be the lawful owner and produced GST and transportation challans. The State conceded the petitioner's ownership but highlighted an FSL report indicating the Areca Nuts were unsatisfactory according to FSSAI microbiological standards, with potential mycotoxic fungi.
Key Issues
1. Whether the petitioner is entitled to the zimma of the seized Areca Nuts, considering the FSL report indicating they are unsatisfactory as per FSSAI microbiological standards and the potential mycotoxic nature of the fungi present. Petitioner's contention: The petitioner argued that he is the lawful owner of the seized Areca Nuts and has provided GST and transportation challans as proof. He sought the return of the seized goods. Revenue/State's contention: The State conceded that the petitioner is the owner of the seized Areca Nuts. However, they relied on the FSL report which stated that the Areca Nuts were unsatisfactory according to the Microbiological standards of FSSAI (Food Safety and Standards (Foods Products Standards and Food Additives) Regulation, 2011 and fourth amendment Regulations, 2018), identifying predominant fungi like Aspergillus, Penicillium, and Mucor, which may have mycotoxic potential.
Sections Cited
Section 397, Section 401, Section 482, Section 120(B), Section 420, Section 379, Section 411, Section 201
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Cause title — parties, addresses and appearances
ORDER Date : 16-06-2023
Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner. Also heard Mr. P. P. Borthakur, learned Addl. P.P. for the State respondent. The petitioner has filed the application under Section 397/401 of Code of Criminal Procedure read with Section 482 of the Cr.P.C. challenging the order
Page No.# 2/3 dated 11.5.2023 passed by the learned Additional Chief Judicial Magistrate, Dhubri in connection with Gauripur P.S. Case No. 147/2023 registered u/s 120(B)/ 420/379/411/201 IPC corresponding to G.R. Case No. 590/2023 whereby the prayer for zimma of the seized 7000 Kg(101 ba
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