STATE OF ASSAM Vs. FAIJUDDIN AHMED

JUDGEMENT

(1.) Heard Mr. D. Gogoi, learned Standing Counsel, Forest Department representing the petitioners. Also heard Mr. S. K. Nargis, learned counsel for the respondent.

(2.) This application is filed under Sec. 482 of Code of Criminal Procedure, 1973 praying for setting aside and quashing the impugned Judgment and Order dtd. 20/9/2022 passed by the learned District Judge, Biswanath at Biswanath Chariali in Misc.Appeal No.01(S-2)/2022, whereby the order of confiscation dtd. 29/4/2022 passed by the Divisional Forest Officer, Sonitpur in OR No.D/04 dtd. 2/12/2021 was set aside and further directed to cease the confiscation proceeding relating to the offending vehicle bearing Registration No.AS-32-C-0766 and also allowed the custody of the offending vehicle to its owner i.e. the opposite herein.

(3.) The brief facts of the prosecution case is that on 2/12/2021, during routine patrolling in Koroioni Samardalani area, one vehicle bearing registration No. AS-32C-0766 was detected by the range officer, Diplonga Range carrying timber in the vehicle. The vehicle was stopped by the Forest Officer and they asked for valid documents of the timber loaded in the vehicle. However, the driver of the vehicle failed to produce any valid documents relating to the loaded timber. Thereafter, the offending vehicle along with the loaded timber was seized. After recording the statement of the driver of the offending vehicle, the vehicle along with the driver was brought to the concerned Range office. Accordingly, notices were served to the driver and owner of the offending vehicle to produce the documents relating to the loaded timber, however, they failed to produce any documents. Though the driver claimed that he collected the timber from the PP land of one Biju Devi, however, no certificate of origin, permission for sawing and transportation could be produced. As such, a case was registered vide OR No. D/04 dtd. 2/12/2022 at Diplonga Range and the Offence Report was submitted to the Authorized Officer-cum-Divisional Forest Officer, Sonitpur, East Division, Biswanath for initiation of the confiscation proceedings.