VANLALHRUAIA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel assisted by Jonathan L. Sailo counsel for the petitioner. Also heard Mr. B. Lalramenga, learned counsel for all the respondents.

(2.) The petitioner's counsel submits that the petitioner is a business man and a permanent resident of Champhai, Mizoram. The petitioner's counsel also submits that the petitioner had instructed his friend Sajoy from Chennai to bid for Red Sander wood in an auction in Chennai. The petitioner's counsel also submits that the bid of his friend Sajoy was successful and that the petitioner was informed him that his Red Sanders wood, purchased in the auction had arrived in Silchar. The petitioner then proceeded to Silchar in order to take the Red Sanders wood. The petitioner hired a truck bearing Registration No. MZ-04 6807 in order to carry the Red Sanders wood from Silchar to Champhai. The Red Sanders wood was seized by the Forest Department on 30.3.2014 at Kolasib and the petitioner who was an occupant of the said truck was also arrested on the same date. The Red Sanders wood was packed in 78 packages and weighed 4,178 Kgs. The petitioner's counsel submits that the statement given by him on 31.3.2014 to the Range Forest Officer, Central Forest Range, Kolasib in connection with E&F (Klb) Crl. Case No. 4/2014 is correct. The petitioner's statement as recorded on 31.3.2014 is reproduced below:

(3.) The petitioner's counsel submits that the Forest Department registered the case against the petitioner which was registered as E&F (KLB) Crl. Case No. 4/2014 under Section 5 (1) and Section 7 (2) of the Mizoram Forest Act, 1955, which was punishable under Section 29.