JAMINUR RAHMAN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. D.A. Kaiyum, the learned Counsel appearing for the petitioner. The Government Advocate Mr. R.K. Bora appears for the respondents in the case. The petitioner is the owner of a bus bearing registering No. AS -01/S/5179 which is deployed for carrying passengers under the Self Employment Scheme of the Assam State Transport Corporation (ASTC). On 5.12.2008, during a routine check by the forest staff under the Kamrup Forest Division, firewood worth Rs. 169/ - was found on the bus roof and accordingly the offence report No. BG -16/08 -09 for illegal carrying of firewood was given alleging infringement of Ss. 40, 41 and 60(1) of the Assam Forest Regulation, 1891 (hereinafter referred to as "the Forest Regulation"). As the concerned passenger who had loaded the firewood fled away and the driver and bus conductor were unable to identify him, the two were arrested and both the firewood and the bus were seized by the forest staff.

(2.) In the resultant CR Case No. 5942c/2008, the driver and the conductor were enlarged on bail by the C.J.M., Kamrup on 12.12.2008 and thereafter charge under Sec. 41 of the Forest Regulation was framed in the case against the two accused. Since offence under Sec. 41 is compoundable, the learned C.J.M. through the order dated 22.12.2008 (Annexure -6) accepted the guilty plea of the accused and sentenced them to simple imprisonment for 5 days. But as they were incarcerated for 5 days before bail, the previous custody period was set off against the sentence passed upon conviction. The learned C.J.M. further ordered that the seized bus be released to the registered owner in due course of time.

(3.) The Misc. Case No. 2371/2009 was then filed before the learned C.J.M. by the bus owner to apply for release of his vehicle and the order sheet of the Court shows that the Forest Range Officer failed to furnish any report to the Court despite repeated orders passed on 27.2.2009, 5.3.2009, 7.3.2009 and 18.3.2009 by the learned C.J.M. Therefore a show -cause -notice had to be issued by the Court against the Forest Range Officer, proposing to proceed against the respondent No. 4, under Sec. 175 of the I.P.C.