Gauhati High Court Directs Release of Seized Betel Nuts Upon Ownership Verification: Chan Mia Vs State of Assam

Background and Overview

The Gauhati High Court, in the matter of Chan Mia Vs State of Assam, disposed of a criminal revision petition arising from the seizure of betel nuts at Bongaigaon Railway Station. The Court directed the Investigating Officer to examine and verify the documents submitted by the petitioner — including e-way bills, GST-related records, and tax invoices — and, upon confirmation of rightful ownership, to release the seized goods at the earliest opportunity, subject to compliance with the necessary procedural formalities.

The case brings into focus two significant legal concerns: the treatment of perishable seized goods during criminal investigations, and the importance of GST documentation in establishing lawful ownership of goods in transit.

Facts of the Case

The Seizure Incident

On 04.05.2026, an FIR was registered by the Office-in-Charge, New Bongaigaon GRP, Bongaigaon, Assam. Acting on credible intelligence regarding movement of a sizeable quantity of suspected contraband described as Burmese supari, police personnel proceeded to Bongaigaon Railway Station. Upon conducting a search, 270 gunny bags containing dried betel nuts, suspected to be Burmese supari, were recovered and seized.

The Petitioner's Claim

The petitioner, Chan Mia, identified himself as the proprietor of Madina Basanalaya, a concern situated in Tripura. He contended that:

  • The betel nuts were lawfully purchased from Mahamad Ala Uddin and Suhana Enterprise, both located in Tripura.
  • The consignment had been duly dispatched by train from Madina Basanalaya in Tripura to a consignee in Karnataka.
  • The goods were intercepted and seized while in transit at Bongaigaon Railway Station.
  • Valid e-way bills, tax invoices, and GST-related documentation supported the legal nature of the purchase and dispatch.

Application Before the Magistrate

On 25.05.2026, the petitioner filed an application before the learned Judicial Magistrate First Class, Bongaigaon, seeking custody (Zimma) of 135 bags of the seized betel nuts. The Magistrate rejected this prayer by order dated 25.05.2026, relying on the Investigating Officer's report which indicated:

  • Verification of GST-related documents, e-way bills, tax invoices, and other relevant documents had not been completed.
  • Certain inconsistencies had been noticed in the submitted documents.