Gauhati High Court
I.A.(Crl.)/53/2026 of Sh. F. Lalrinsanga and Anr. Vs The State of Mizoram on 23 August 2026
GAHC030006232026 THE GAUHATI
GAHC030006232026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/53/2026
Sh. F. Lalrinsanga and Anr.
S/o Sh. Pachhunga
R/o M-132, Zotlang North
Champhai, Mizoram
Pin - 796 321 2: Sh. Zonunsang
VERSUS
The State of Mizoram
R/b PP/Addl. PP
Mizoram
Advocate for the Petitioner : Ms. Lalngaihsaki Fanai Advocate for the Respondent : P.P./Addl.PP, Mizoram B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
24.08.2026 Heard Ms. Lalngaihsaki Fanai, learned counsel for the petitioners. Also heard Ms. Mary L Khiangte, learned Addl. Public Prosecutor.
2. This is an application to modify/cancel the condition imposed in the order dated 08.06.2026 passed by this Hon’ble Court in Criminal Petition No. 10/2026
(Disposed) and the subsequent order passed by the learned Special Court of ND&PS Act, Aizawl, vide order dated 17.06.2026, for release of the seized currency amounting to Rs. 24,50,000/- (Rupees Twenty-Four Lakhs Fifty Thousand) only, which was seized in connection with SR No. 417/2023 (A/o Excise Case No. N-231/23) under Section 21(c) of the ND&PS Act, 1985.
3. The learned counsel for the petitioners submits that, as per the direction of this Court, the petitioners were required to furnish a bank guarantee equivalent to the value of the seized currency notes.
4. However, the petitioners have not been able to obtain any such bank guarantee, as the bank has insisted on 100%margin money for issuance of such bank guarantee. The property of the petitioners is located in a far-flung area which is therefore not acceptable to the bank for issuing Bank Guarantee. In this regard, a letter issued by the Manager, MRB, dated 31.07.2026, has been annexed to the petition.
5. It is further submitted that the petitioners, at the most, would be able to arrange Rs. 8,00,000/- (Rupees Eight Lakhs) only as margin money in order to obtain a bank guarantee for an equivalent amount.
6. Learned counsel has further submitted that, due to the seizure of the currency notes, the petitioners have been unable to arrange sufficient capital to run their business.
7. Having regard to the above, the condition imposed by the order dated 08.06.2026 in Criminal Petition No. 10/2026 is modified by directing the petitioners to furnish a bank guarantee to the extent of Rs. 8,00,000/- (Rupees Eight Lakhs) only, and to execute an indemnity bond for the remaining amount.
8. The other conditions imposed by the learned Court below shall remain the same.
9. I.A. stands disposed of accordingly.
JUDGE Comparing Assistant