WP(C) 81/2008 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. N. Bora, learned counsel for the petitioner as well as Ms. R. Chakraborty, learned State Counsel for the State of Assam. I have also heard Mr. R. Goswami, learned State Counsel for the State of Meghalaya. By means of this writ petition, the petitioner has prayed for a directio n to the respondents to recover and hand over the vehicle (Wagon-R) bearing regi stration No. AS 01Y 5876. According to the petitioner, she is the registered own er of the said vehicle. As per the averments made in the writ petition, the husband of the petit ioner alongwith the driver of the vehicle was kidnapped by militants on 18.12.20 06. Subsequently, both of them were apprehended alongwith the vehicle by the Meg halaya Police at Shillong alongwith the suspected militants. The husband of the petitioner and the driver of the vehicle alongwith 5 others were handed over to the Assam Police by the Meghalaya Police. Thereafter all of them were arrested b y the Panbazar Police Station (Assam) in connection with Panbazar Police Station Case No. 384/2006. Presently, the husband of the petitioner is on bail. The gri evance of the petitioner is that the aforesaid vehicle has not been returned by the respondents inspite of the fact that same has not been seized. In this conne ction, the petitioner has referred to Annexure-C order dated 25.10.2007 passed b y the Chief Judicial Magistrate (K), Guwahati in Panbazar Police Case No. 2384/2 006. By the said order, the application filed by the petitioner for zimma of the vehicle was rejected on the ground that as per the police report, the vehicle h as not been seized. Thereafter, the petitioner made Annexure-D representation da ted 14.3.2007 to the Inspector General of Police, Assam for release of the vehic le. Thereafter the Inspector General of Police (A), Assam by his letter dated 25 .5.2006 (Annexure-E) requested the Director General of Police, Meghalaya to caus e an enquiry into the matter. By Annexure-F letter dated 17.7.2007, the Sr. Superintendent of Police ( City), Guwahati submitted the report to the Inspector General of Police (A), Ass am relating to the present status of the aforesaid case. However, in the letter, there is no mention about the status of the vehicle and as to whether the said vehicle is under seizure of the police. This matter was taken up for motion hearing on 25.1.2008 and the learned State Counsel, Meghalaya was requested to obtain instruction as to whether ther e is any difficulty in releasing the vehicle. The matter is pending since then. Inspite of granting several opportunities to the State Counsel, Meghalaya has no t been able to obtain any instruction except the instruction furnished to him by letter dated 2.2.2008 intimating that vehicle in question is available at Shill ong Sadar Police Station. In the instruction so furnished, there is no indicatio n as to whether the vehicle has been seized or has been kept in custody without any sanction of law. Ms. Chakraborty, learned State Counsel, Assam has been furnished with th e written instruction. However, in the said instruction except mentioning the po lice case, nothing has been stated about the vehicle. If the vehicle is not unde r seizure of the police, same cannot be kept in the police station as has been s tated in the letter dated 2.2.2008 addressed to the learned State Counsel, Megha laya by the Assistant Director General of Police (E), Meghalaya. In view of the above, writ petition is disposed of with a direction to t he respondents to do the needful in the matter and to act strictly in accordance with law. If the vehicle is not under seizure, they cannot kept the same in the ir custody. Nothing has been shown that the vehicle has been seized. The respond ents, more particularly, the respondent No. 3 shall pass appropriate order in th is regard within 11.2.2008. If the vehicle is under unauthorized seizure/custody of the respondents, needless to say that the petitioner will be entitled to compensation in accordance with law and the respondents shall also p ass order in this regard. Writ petition is disposed of. Let a copy of this order be furnished to Mr. Goswami, learned State Coun sel, Meghalaya for necessary follow up action of the State respondents.