JUDGMENT : MANISH CHOUDHURY, J. Heard Mr. J. Ahmed, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam. 2. The instant criminal revision petition is preferred against an Order dated 19.06.2025, whereby, the Court of learned Sessions Judge, Kokrajhar [‘the Trial Court’, for short] granted interim custody of a seized vehicle to the petitioner imposing a condition that the petitioner shall submit a bank guarantee of Rs. 7,00,000/-, which is equal to the value of the vehicle. 3. One Dhananjay Basumatary, resident of Anthaibari, Post Office & District – Kokrajhar lodged a First Information Report [FIR] before the In-Charge, Balajan Out Post on 09.03.2025 inter-alia with allegations that on 04.03.2025, some unknown persons stolen two cows from his cowshed. He came to know from cutting pieces of beef sold in Duramari Char area that those were of his missing cows. The FIR was registered as Kokrajhar Police Station Case no.72/2025. 4. During the course of investigation of Kokrajhar Police Station Case no. 72/2025 registered for the offences under Section 303 [2] and Section 325 of the Bharatiya Nyaya Sanhita, 2023 read with Section 13 [1]/16 of the Assam Cattle Preservation Act, 2021 read with Section 11 [1] of the Prevention of Cruelty to Animals Act, 1960, a vehicle [Maruti Wagon R] bearing registration no. AS-16/M-5457 [‘the subject-vehicle’, for short] was seized. After investigation into the case, the Investigating Officer [I.O.] laid a charge-sheet on 10.05.2025 finding a prima facie case against 8 nos. of accused persons : [i] Rustom Ali Sk [petitioner], [ii] Sahjahan Ali Sk, [iii] Amzad Ali Sk, [iv] Mazuma Bibi, [v] Bhola Sk @Mondal, [Vi] Abdul Kader, [vii] Shri Bijush Marak & [viii] Chafikul Islam. 5. The petitioner has stated that the subject-vehicle was originally purchased by one Mahidul Ali Sheikh under finance. Subsequently, the subject-vehicle was purchased by the petitioner from Mahidul Ali Sheikh by an agreement dated 10.12.2024, which was notarized on 13.12.2024, by paying an advance consideration of Rs. 1,00,000/- with a further condition that the petitioner would pay the remaining 84 nos. of installments to clear the financed amount. Subsequent to the afore-stated agreement, the petitioner took possession of the subject-vehicle. 6. On submission of the charge-sheet, the case has been registered as Sessions T2 Case no. 76/2025. 7. 1,00,000/- with a further condition that the petitioner would pay the remaining 84 nos. of installments to clear the financed amount. Subsequent to the afore-stated agreement, the petitioner took possession of the subject-vehicle. 6. On submission of the charge-sheet, the case has been registered as Sessions T2 Case no. 76/2025. 7. Projecting such relation of the petitioner qua the subject-vehicle, the petitioner preferred an application seeking interim custody of the subject-vehicle before the learned Trial Court and the said application preferred under Section 497 , BNSS was numbered as Petition no. 2072/2025. On filing of the petition, a report from the I.O. was called for. The Trial Court recorded the fact that after completion of investigation, charge-sheet was submitted and the trial has been commenced. In such background, the Trial Court observing that further detention of the subject-vehicle would not serve any purpose and the subject- vehicle can be used by the petitioner, had directed for interim custody of the subject-vehicle in favour of the petitioner provided the petitioner undertakes to produce the seized subject- vehicle as and when required by the Court. One of the conditions imposed for release of the subject-vehicle by the Trial Court is to the effect that the petitioner shall furnish a bank guarantee of Rs. 7,00,000/-, which amount is considered equal to the value of the vehicle. 8. In the case in hand, two nos. of cows were missing and during the investigation, the subject-vehicle was seized. The present petition relates to the subject-vehicle and the condition imposed regarding furnishing of bank guaranty to facilitate interim custody to the petitioner. The I.O. of the case has already submitted the charge-sheet after investigation. 9. It is the contention on behalf of the petitioner that the condition imposed by the Trial Court regarding furnishing of bank guarantee is not easy and in fact, onerous and harsh. It is contended that the condition of furnishing bank guarantee has been imposed perhaps for the provision contained in sub-section [5] of Section 11 of the Assam Cattle Preservation Act, 2021 [‘the Act, 2021’, for short]. It is contended that the condition of furnishing bank guarantee has been imposed perhaps for the provision contained in sub-section [5] of Section 11 of the Assam Cattle Preservation Act, 2021 [‘the Act, 2021’, for short]. Sub-section [5] of Section 11 of the Act, 2021 has provided as follows :- Section 11 [5] - On receipt of the report, the Judicial Magistrate 1st Class may, on his being satisfied that there is enough material to presume that a prima-facie offence under this Act has been committed or intended to be committed, release the seized materials including vehicle/conveyance except cattle on furnishing of a bank guarantee, equal to the value of the material or vehicle/conveyance except, to the satisfaction of the court, pending disposal of the criminal proceedings instituted in respect of the alleged offence. 10. A co-ordinate Bench of this Court in a Judgment and Order dated 22.05.2024 passed in Criminal Revision Petition no. 143/2024 has laid down the following propositions :- I. Sub-section [14] of Section 7 of the Act, 2021, sub-sections [3], [4] and [5] of Section 11 of the Act, 2021 and Section 102 of the Code of Criminal Procedure, 1973, is enacted to facilitate investigation and to give the police officers the power to gather evidence to support the allegations made, which includes search, seizure and detain etc. II. The release of seized material as envisaged under sub-section [5] of Section 11 of the Act, 2021 and envisaged under Section 102 of CrPC, are relatable only to the stage of seizure under sub-section [3] of Section 11 of the Act, 2021 and under Chapter VII of the CrPC, respectively. And, therefore, such prescription cannot be made relatable to a provision of disposal of property during enquiry and trial. III. The Act, 2021 is silent as regards disposal of property during enquiry and trial and that being the position and in absence any specific prescription in the Act, 2021, the provision of Chapter XXXIV of the Code, 1973 shall be applicable so far the same relates to disposal of property, seized under the provision of Section 11 of the Act, 2021. Therefore, when application under Section 451 or Section 457 of CrPC is made, the principles laid down in Sunderbhai Ambala Desai vs. State of Gujrat, reported in [2002] 10 SCC 283, shall be made applicable. IV. Therefore, when application under Section 451 or Section 457 of CrPC is made, the principles laid down in Sunderbhai Ambala Desai vs. State of Gujrat, reported in [2002] 10 SCC 283, shall be made applicable. IV. The prescription made under sub-section [5] of Section 11 of the Act, 2021 is relatable only to a situation/stage when the authorised officer[s] exercises its power under sub-section [3] of Section 11 of the Act, 2021 or under sub-section [14] of Section 7 of the Act, 2021 and reports the same to the Judicial Magistrate First Class in terms of sub-section [4] of Section 11 of the Act, 2021. V. A revision either under Section 401, 397 or 482 of CrPC shall not be maintainable against an order passed in exercise of power under sub-section [5] of Section 11 of the Act, 2021 and appropriate remedy shall be an appeal under Section 12 of the Act, 2021. VI. No appeal shall be maintainable under Section 12 of the Act, 2021 when a determination is made in an application filed under Section 451 or Section 457 of the CrPC, as the case may be. 11. By making determination in Criminal Revision Petition no. 143/2024 by the co-ordinate Bench, it has been observed that when an application for interim custody is filed after the charge-sheet was laid, the consideration of grant of interim custody cannot be said to be an exercise of power under sub-section [5] of Section 11 of the Act, 2021 and therefore, the insistence for bank guarantee as prescribed in sub-section [5] of Section 11 of the said Act shall not be applicable. 12. Taking note of such determination, this Court is of the view that the part of the Order dated 19.06.2025 [supra] whereby the Trial Court’s insistence for bank guarantee for the amount, mentioned therein, is not sustainable under the law inasmuch as at the time of filing the four interim custody application, the investigation was already concluded. In view of the above, the present petition is allowed by setting aside that part of the Order dated 19.06.2025 whereby furnishing of bank guarantee for an amount of Rs. 7,00,000/-, was insisted by the Trial Court. The direction to verify the authenticity of ownership remains unchanged. In view of the above, the present petition is allowed by setting aside that part of the Order dated 19.06.2025 whereby furnishing of bank guarantee for an amount of Rs. 7,00,000/-, was insisted by the Trial Court. The direction to verify the authenticity of ownership remains unchanged. As a consequence, it is ordered that the interim custody of the seized subject- vehicle, mentioned above, be granted to the petitioner on the following terms and conditions. [i] The Investigating Officer [I.O.] shall prepare proper panchnama of the subject-vehicle and shall get the signatures of the owner or representative after submission of indemnity bond against the seized subject-vehicle for the amount quoted by the Trial Court. [ii] The petitioner shall not change the colour or structure of the subject-vehicle and shall not also dispose of the subject-vehicle till disposal of the case. [iii] The petitioner/owner shall produce the subject-vehicle before the I.O./Court as and when called for the purpose of trial. 13. The criminal revision petition is disposed of in the aforesaid terms. No cost.