JOGESHWAR BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Deka, learned counsel for the petitioner and Mr. G. Soren, Learned Government Advocate, Assam appearing on behalf of the official respondents.

(2.) The facts of the case, as revealed by the pleadings on record, reveal a somewhat depressing picture. The writ petitioner, who is the registered owner of a truck bearing Registration No. ASN-6786, has been, for the last 6/7 years, knocking the doors of various authorities including the Courts for release of his truck, which he contends to be the only source of livelihood. Not having received any positive response, he has invoked the extra-ordinary powers of this Court under Article 226 of the Constitution essentially seeking the release of his truck, which has been under seizure/ confiscation since 3.11.1998 for its alleged involvement with a forest offence.

(3.) The recital of the facts could begin by taking 3.11.1998, i.e., the date of the seizure of the petitioner's truck, as the starting point. Next came an order of confiscation by the Authorized Officer acting under Regulation 49 of the Assam Forest Regulation. The petitioner availed of the legal remedy by filing an appeal before the learned Sessions Judge, Marigaon, which was dismissed by the said Court on 15.6.1999. The petitioner, next, filed a Criminal Revision Application, which was closed by an order dated 18.1.2002 directing the authorized officer to consider the cas of the petitioner and in accordance with the decision of this Court in the case of Nathuni Singh Vs. Deputy Commissioner & Anr., reported in (1999) 3 GLT 604. Thereafter, the petitioner unsuccessfully approached the Authorized Officer with a request to release his vehicle. The request of the petitioner not having been answered either in the affirmative or the negative, the petitioner has instituted the present writ petition.