Betel Nuts Are Subject To Decay, Not Required For Investigation: Gauhati High Court Directs To Release
The Gauhati High Court has directed the release of seized betel nuts as the betel nuts are subject to speedy natural decay and their retention was not required for the purpose of investigation.The single bench of Justice Robin Phukan has observed that from the date of seizure till date, more than 128 days have already elapsed. There was no allegation of theft in respect of the seized...
The Gauhati High Court has directed the release of seized betel nuts as the betel nuts are subject to speedy natural decay and their retention was not required for the purpose of investigation.
The single bench of Justice Robin Phukan has observed that from the date of seizure till date, more than 128 days have already elapsed. There was no allegation of theft in respect of the seized betel nuts. The petitioner has also produced a certificate issued by Gaon Burah and the Chairman of Zutovi Village in respect of purchasing betel nuts from their village.
On 14.03.2022, S.I. Atikur Rahman lodged an FIR with the Officer-In-Charge to the effect that on the day during Naka Checking, he found 26 bags of betel nuts, weighing 1936 kg, being carried by the petitioner/Rajibul Islam, inside the dickey of a bus. He could not produce any supporting documents, and it was suspected to be a stolen article and seized accordingly, preparing a seizure list.
The petitioner had filed a petition seeking custody of the seized 26 bags of betel nuts before the Judicial Magistrate. The Magistrate rejected the petition.
The petitioner contended that the court below had failed to consider the fact that the seized betel nuts had been lying in the police station for more than 128 days. It had failed to consider the report of the I.O. The petitioner claimed that the seized betel nuts were not required for the purpose of investigation, and that nobody, except the petitioner, had claimed the betel nuts, and that the petitioner had purchased the betel nuts locally and transported them. The petitioner was ready to pay tax for it. The value of the betel nuts was diminishing day by day and subject to speedy and natural decay, and in the event of damage, the petitioner would suffer a loss of Rs. 4,50,000.
The department claimed that the petitioner failed to produce any documents pertaining to the seized betel nuts before the lower court or the I.O.
The court directed the court below to release the seized betel nuts in the custody of the petitioner on his executing a bond of Rs. 4,50,000 to its satisfaction. The court below will be at liberty to impose any such condition as it deems fit and proper.
Case Title: Md. Rajibul Islam Versus State of Assam
Case No: Crl.Rev.P./371/2022
Citation: 2022 LiveLaw (Gau) 62
Date: 30.08.2022
Counsel For Petitioner: Advocate M A Sheikh
Counsel For Respondent: Public Prosecutor