AMLAN JYOTI BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T H Hazarika, learned counsel appearing on behalf of the petitioner. Also heard Mr. D Gogoi, learned Standing Counsel, Forest.

(2.) The petitioner has preferred this revision petition under Ss. 401/397 of CrPC, 1973, against the order dtd. 28/9/2022, passed by the learned Additional CJM, Lakhimpur, North Lakhimpur in CR(Forest) Case No. 13/2022, under Ss. 34/35/40/41/49 (i) and 60 (i) of Assam Forest Regulations, 1891, whereby the learned Additional CJM, Lakhimpur, North Lakhimpur, has rejected the petition of the petitioner/revisionist filed under Sec. 451 of CrPC, for zimma/custody of a truck.

(3.) The brief facts of the case is that on 7/8/2022, at around 11 : 00 pm at night, while the Forest Officer, the informant was going towards Pathalipar at Dhakuakhana, along with some other forest officials, while patrolling at Gogamukh Chariali, they had noticed one truck was coming from NHPC side and in the late night at around 01 : 00 clock they stopped the truck at Gogamukh Chariali NHPC Road and interrogated the driver, as to what was brought in the vehicle. The driver replied that there were timbers in the truck, bearing Registration AS-23CC-4944. The informant asked for the documents of the timber from the driver, but he failed to show any documents. After inspecting the vehicle, the informant found timbers and while asking as to from where the timbers were brought, then the driver and the handyman stated that the timbers were brought from Arunachal Pradesh, without any documents obtained from the Forest Department.