AKBAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I.A. Hazarika, learned counsel appearing on behalf of the petitioner as well as Mr. P. Borthakur, learned Addl. P.P. for the State respondent no. 1. Also heard Mr. D. Gogoi, learned Standing Counsel appearing for the Forest Department, Assam.

(2.) The petitioner before us is Akbar Hussain. He is aggrieved by the judgment and order dtd. 7/3/2022 passed by the Additional District Judge, F.T.C, Cachar Silchar, Assam in Misc. Appeal No. 01/2021 dismissing the appeal preferred by the petitioner under Sec. 49- C of the Assam Forest Regulation of 1891 (the Regulation for short) and against the order dtd. 14/12/2020 passed by the Authorised Officer-cum-Divisional Forest Officer, Cachar whereby the truck bearing registration number MZ-03-7722 of the petitioner stood confiscated under Sec. 49(4) of the Assam Forest Regulation, 1891.

(3.) The genesis of the case was that on 24/5/2020 at around 7.30 P.M., on receipt of credible information about illegal transportation of forest produce, a group from the Range HQ of Hawaithang Range, Dholai proceeded towards Lailapur where they found one truck bearing registration No. MZ-9/3/7722 parked on the road side of NH 54 near the Lailapur Police outpost. The said truck was loaded with forest produce (sawn timber). The timber was unclaimed and also no permit of transit pass was available in violation of the provisions of Assam Forest Regulation of, 1891. The Officer in-charge of Dholai P.S. had already seized the forest produce along with the vehicle which was subsequently handed over to the Hawaithang Range vide order dtd. 17/6/2020 passed by learned Chief Judicial Magistrate (CJM), Cachar at Silchar in Dholai P.S. Case No. 103/2020. The vehicle along with the forest produce were seized under Ss. 40, 41, 49 of the Assam Forest Regulation of 1891 (New Amendment 1995). On 23/6/2020, the Seizing Officer served a general notice to locate the owner of the truck and on 24/7/2020, the petitioner appeared and claimed the seized vehicle as his vehicle.