HEM KANTA TALUKDAR Vs. SUNIL SUTRADHAR AND OTHERS

JUDGEMENT

(1.) By making this application under Article 226 of the Constitution of India, the petitioner has challenged the order, dated 28.03.2007, passed, in Criminal Appeal No. 30(D-4)/2006, by the learned Sessions Judge, Darrang, setting aside the order of confiscation, dated 04.12.2006, passed by the Authorized Forest Officer-cum-Divisional Forest Officer, Mangaldoi Division, under Section 49 C of the Assam Forest Regulations, 1891 (in short, the AFR ).

(2.) Before entering into the merit of this writ petition, the material facts, which have led to the making of the present writ petition, may be set out as follows:

(3.) I have heard Mr. G. Uzir, learned Counsel for the writ petitioner, and Mr. B.K. Ghosh, learned Senior counsel, appearing on behalf of the respondent No. 1. I have also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, and Mr. G N. Sahewalla, learned Senior counsel, as amicus curiae.