WP(C) 4677/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. BD Konwar, learned counsel for the petitioner and Mrs. HM Phukan, lear ned counsel appearing for the respondents. The grievance of the petitioner in the present petition is basically against non release of the vehicle bearing registration No.AS-01/AC-2425 (tata truck), desp ite the order dated 9th May, 2011 passed by the learned Chief Judicial Magistrat e, Barpeta in Barpeta PS Case No.318/2011 registered under Sections 279/338/427 IPC as well as the order of the even date passed by the learned Sessions Judge, Barpeta in Barpeta PS Case No.322/2011 registered under Section 20(b) of the NDP S Act, 1985. According to the petitioner, despite the aforesaid orders passed, the vehicle ha s not been released in favour of the petitioner, which compelled the petitioner to approach this Court by means of the present writ petition. Mrs. Phukan, learned State counsel on the basis of the written instruction recei ved from the Superintendent of Police, Barpeta has submitted that the petitioner has not personally appeared before the Investigating Officer for release of the vehicle in terms of the aforesaid orders passed by the learned Courts below. I t is also the contention of the learned State Counsel that the petitioner is not cooperating with the investigation despite the orders dated 6th June, 2011 and 24th June, 2011 passed by this Court in AB No.1543/2011 in connection with Barpe ta PS Case No.322/2011 registered under Section 20(b) of the NDPS Act, 1985. Mr. Konwar, learned counsel for the petitioner submits that the petitioner is al ways wiling and continued to be so to cooperate with the investigation and shall also appear before the Investigating Officer of the said cases on a date to be fixed by this Court and as such, the Investigating Officer may be directed to re lease the vehicle in favour of the petitioner in terms of the aforesaid orders p assed by the learned CJM and the learned Sessions Judge, Barpeta. Having regard to the aforesaid submission, the present petition is disposed of d irecting the petitioner to appear before the Investigating Officers of the afore said cases on 25th October, 2011. He shall cooperate with the investigation. On his appearance, the Investigating Officers of the aforesaid cases shall release the vehicle in the interim custody of the petitioner in terms of the aforesaid orders passed by the learned CJM as well as the learned Sessions Judge, Barpeta. The writ petition is accordingly disposed of. No costs.