STATE OF TRIPURA Vs. BINA CHOUDHARY

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a Division Bench of the Gauhati High Court, Agartala Bench. The High Court dismissed the First Appeal filed by the appellants upholding the judgment and decree passed by the trial Court. By the said judgment the trial Court decreed the suit for a sum of Rs.2,03,364/- with 12% interest per annum with effect from 18.10.1993 to 31.12.1995 and thereafter Rs.252/- per day till the vehicle was returned.

(2.) Background facts are very interesting and essentially as follows:

(3.) A vehicle bearing registration No. TRL 2443 carrying illegal timber was seized by the Champaknagar Range Staff. An offence report No. 3/CB-93 dated 11.06.1993 was drawn by the Forest Beat Office, Champabari Beat Office of Champaknagar Forest Range against the owner of said vehicle for illegally carrying, illicitly collected 57 Nos. of unmarked gamer sawn timber. The driver of the said vehicle could not produce the registration papers of the vehicle as required under the Forest Rules for carrying forest produce and also failed to produce any documents like G.P. and Transit Pass of Forest Department. The driver of the vehicle Kartik Chandra Ghosh was arrested and the vehicle was seized and subsequently brought to Champaknagar range under Teliamura Police Station and kept in the custody of the in-Charge, Divisional Forest Protection Party, Taliamura.