MARUTI TIMBER AND FURNITURES Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the two writ petitions ' W.P.[C] no. 3198/2021 and W.P.[C] no. 3228/2021 - have been preferred under Article 226 of the Constitution of India making inter alia assailment of a show cause notice dtd. 16/6/2021 issued by an officer in the respondent Forest Department in the rank of Forester ' I [the respondent no. 5] who is the Investigating Officer of a forest offence, registered as case no. WR/16/2021, on 14/6/2021, purportedly in the capacity of the Authorised Officer under the Assam Forest Regulation, 1891, as amended.

(2.) The case of the petitioner in the writ petition, W.P.[C] no. 3198/2021 is that the petitioner firm, a proprietorship concern, is engaged in the business of buying and selling of Non-Timber Forest produce and furniture products. The petitioner in the writ petition, W.P.[C] no. 3228/2021 is the owner of a vehicle bearing registration no. UP-25/CT-7676 [Truck] [hereinafter referred to as 'the subject-vehicle', for short].

(3.) By the impugned show cause notice dtd. 16/6/2021, the petitioner in the writ petition, W.P.[C] no. 3228/2021 was called upon to produce 'legality and proof of original forest produce' relating to 17.591 CuM of Khair [Acacia Catechu] which were seized by the said authority, that is, the respondent no. 5 on 14/6/2021. By the show cause notice dtd. 16/6/2021, the respondent no. 5 by referring to the provisions of Sec. 49 of the Assam Forest Regulation, 1891 has asked the petitioner in the writ petition, W.P.[C] no. 3228/2021 to show cause as to why the subject-vehicle and Khair [Acacia Catechu] logs measuring 17.591 CuM so seized, shall not be confiscated to the State. As the petitioner in the writ petition, W.P.[C] no. 3198/2021 is the owner of seized Khair [Acacia Catechu] logs measuring 17.591 CuM sought to be confiscated, it has preferred the writ petition challenging also the legality and validity of the show cause notice dtd. 16/6/2021, like the petitioner in the writ petition, W.P. [C] no. 3198/2021.