Case Law Details
State of Assam Vs Ajeet Kumar Bhadani (Gauhati High Court)
Gauhati High Court held that order of Zimma petition is liable to be quashed as order was passed simply considering the submissions that areca nuts will be used for other purpose and not for human consumption without verifying genuineness of the claim.
Facts- Based on information, Police searched one godown and recovered 800 bags of illegal stored betel nuts. 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 & Standards Regulations.
In the meantime the respondent, Ajeet Kumar Bhadani filed a zimma petition stating he is the owner of seized 800 bags of betel nuts and prayed for custody of the same. The learned Chief Judicial Magistrate, vide impugned order, allowed the zimma petition, thereby, allowing the custody of the seized areca nuts to the respondent. Being aggrieved, the petitioner preferred the present petition.
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