JIBON BALLOUNG Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The legitimacy and propriety of an order of confiscation of a vehicle is the subject matter of this writ proceeding.

(2.) According to the respondents the truck bearing registration No.NL-02A 2148 was found stranded in all probability due to the fact that left rear wheels went off accidentally near Ekorajan by the side of NH 37 on 4.5.96. The truck was loaded with seven pieces of unmarked teak logs. As there was no claimant for neither the truck nor illegal timber, the truck along with timbers was brought to Bokakhat Police Station for further investigation. The truck was then handed over by the police vide letter dated 6.5.96. An offence report was later on drawn for alleged illegal collection and transportation of illegal logs in contravention of the Forest Regulation. An application was submitted by Md. Ikbal Hussain of Nagaon wherein it was stated that the vehicle in question was sold to one Shri Jibon Balloung of Letekujan, Golaghat and all the documents relating to the truck had been submitted before the DTO, Nagaon for transfer of the ownership of the truck to the name Shri Jibon Balloung under Morangi Mouza and the Registration Certificate was reported to be submitted to the District Transport Officer, Nagaon for transfer of ownership from Md. Hussain to Shri Balloung and the DFO requested the District Transport Officer, Nagaon to report on the genuineness of the above information, vide letter dated 20.5.96 fixing next date of hearing on 23.5.96 with a copy of the letter to the petitioner and advising him to produce the conformity letter, from the District Transport Officer, Nagaon to his office fixing hearing on 23.5.96. The petitioner appeared before the authorised officer. 'The following events are cronicled in the order sheet of the learned Authorised Officer which read as follows : <FRM>JUDGEMENT_30_LAWS(GAU)12_1997_1.html</FRM>

(3.) An appeal was preferred against the order of confiscation before the learned Sessions Judge, Golaghat and the learned Sessions Judge by his judgment and order dated 24.2.97 dismissed the appeal and refused to release the truck. Hence this petition.