Case Law Details
Anowar Hussain Vs State Of Assam And Anr (Guwahati High Court)
Guwahati High Court has overturned the rejection of zimma for seized areca nuts in the case of Anowar Hussain Vs State Of Assam And Anr. The court found that the petitioner had not provided documentation for the purchase of the seized nuts but acknowledged that they were unfit for human consumption. The petitioner was granted the opportunity to file a new petition before the jurisdictional Court for zimma, with strict conditions to ensure the nuts are not used for human consumption and the learned Magistrate may pass an order directing the SP to consider the zimma of the seized areca nuts as per SOP for disposal of seized betel nuts (suprai) vide No. (CID-XI/SOP/Betel N ut/2021/3571 dated 16.09.2021.
FULL TEXT OF THE JUDGMENT/ORDER OF GAUHATI HIGH COURT
1. Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. P.P. for the State of Assam.
2. The petitioner Anowar Hussain has filed an application under Section 482 read with Section 401 Cr.PC and Article 227 of the Constitution of India challenging the order dated 22.02.2023 passed by the learned Judicial Magistrate, 1st Class, Bilasipara whereby the learned Court rejected the zimma of the petitioner relating to zimma of 400 bags of dry areca nuts (28 tones) seized in connection with Chapor P.S. Case No. 234/2022 under Sections 120B/379/420/468/471/34 IPC.
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