SAMARENDRA KUMAR DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 21.1.2014 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's WP(C) No.1824/2009 confirming the order of confiscation of elephants as passed by the Forest Officer.

(2.) On 23.10.2003, an information was received by a competent Forest Officer regarding illegal felling of trees within the inner-line of reserved forest and also carrying of such felled trees by the elephants. The Forest Officer therefore with his team immediately rushed to the spot. There he found that two elephants were being used by some men for carrying logs of illegally felled trees in the reserved forest. Seeing the Forest Officer and his team, those men taking advantage of jungle, managed to escape. The Forest Officer then seized 23 logs as well as the elephants for being used in the commission of forest offence. The appellant claimed himself to be the owner of one of the two seized elephants. Since forest offence was committed by felling the trees illegally, the Authorised Officer, after issuing notices to the appellant and all other concerned persons, vide order dated 30.12003, confiscated the seized logs along with two elephants. This order of confiscation was passed by the Authorised Officer in exercise of powers conferred under Regulation 49 of the Assam Forest Regulation, 1891. Aggrieved with the order of confiscation of elephants, the appellant filed appeal but the appellate court dismissed the same. Thereafter, he filed WP(C) No.1824/2009, which the learned Single Judge has dismissed by the impugned order.

(3.) Regulation 49 of the Assam Forest Regulation, 1891 deals with the seizure of property liable to confiscation. It reads as under:-