Nur Hussain Choudhury vs. The State Of Assam
Held
The Court considered the submissions and directed the petitioner to approach the learned Eleka Magistrate. The Magistrate was instructed to verify documents relating to ownership, payment of GST, E-way bills, and other relevant documents. Upon verification, the learned Magistrate is empowered to hand over the zimma of the 101 bags of dried betel nuts to the owner, as per due process of law and subject to conditions deemed fit. The Court did not make a definitive finding on the legality of the CJM's order but provided a procedural path for the petitioner to seek release of the seized goods. The issue of whether the CJM erred in rejecting the initial prayer was implicitly addressed by providing an alternative remedy.
Facts
The petitioner, Nur Hussain Choudhury, filed a criminal revision petition challenging an order dated 08.02.2023 by the Chief Judicial Magistrate (CJM), Dima Hasao. The CJM had rejected the petitioner's prayer for zimma (custody) of 101 bags of seized dried betel nuts. The seizure was made in connection with Harangajaon P.S. Case No. 27/2022, under Sections 120(B)/420/379/411 IPC. The CJM noted that the Investigating Officer (I/O) indicated the betel nuts were of foreign origin and the owner was not identified. A discrepancy was also noted regarding E-way bills issued on 02.01.2023, while the seizure occurred on 27.12.2022. The State submitted a report from the Public Health Laboratory, Assam, indicating the betel nuts met prescribed standards.
Key Issues
1. Whether the learned CJM erred in rejecting the petitioner's prayer for zimma of the seized betel nuts, considering the available reports and documents? The petitioner argued that the report from the District Agricultural Officer was not acceptable as it could not trace the origin of the betel nuts through food analysis. The petitioner also contended that the trial court failed to discuss the ownership of the betel nuts. The State, through the learned Addl. P.P., submitted that a report from the Public Health Laboratory, Assam, indicated the betel nuts conform to prescribed standards. The State did not explicitly argue on the petitioner's claim regarding the District Agricultural Officer's report or the ownership aspect, but presented the laboratory report.
Sections Cited
Section 120(B), Section 420, Section 379, Section 411 IPC
AI-generated summary — verify with the full judgment below
Page No.# 1/2 GAHC010040172023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./83/2023 NUR HUSSAIN CHOUDHURY S/O NURAJJAMAN CHOUDHURY R/O RAJYESWARPUR PART-III, P.O. KATAGAON, P.S.LALA DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J LASKAR Advocate for the Respondent : PP, ASSAM
B E F O R E HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
2023
Heard Mr. J. Laskar, learned counsel appearing for the petitioner as well as Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondent.
The petitioner, namely, Nur Hussain Choudhury, has filed this application under Section 401 read with Section 397 Cr.P.C challenging the legality and propriety of the order dated
Page No.# 2/2 08.02.2023 passed by the learned CJM, Dima Hasao.
It is submitted on behalf of the petitioner that vide order dated 08.02.2023 learned Chief Judicial Magistrate, Dima Hasao rejected the petition with p
The judgment continues below.
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