(1.) Under assailment is the judgment and order dated 31.8.2007, passed by the learned district Judge, Kok-rajhar, in Miscellaneous Appeal No. 6/2007, under Regulation 49-C of the Assam Forest Regulation, 1891 (as amended), (hereafter also referred to as the "Regulation").
(2.) I have heard Mr. G. Uzir, learned counsel for the petitioner and Mr. K.P. Sarma, senior advocate assisted by Mr. H. Das, advocate for the respondents No. 1 to 11.
(3.) Briefly stated the pleaded case of the petitioner, is that he is presently serving as the Divisional Forest Officer, Haltugaon, Kokrajhar. On 26.6.2007, at about 6.30 p.m. Sri Jayanta Daimary, Forester-I having detected 11 buffalo carts loaded with unmarked sal logs near Parallel No. 7, on the bank of Samukha river in Chirang R.F. under Haltugaon Division, arrested 16 persons suspected to be involved in the forest offence and further seized the forest produce along with the buffalo carts, 22 buffaloes and other materials. The seizure list was accordingly prepared and the statements of the arrested persons were also recorded. A criminal case was registered against the arrested persons under Regulations 24,25,40, 41 of the Assam Forest Regulation, 1891 along with Sec. 49(2) of the Act, the persons arrested, were produced before the learned Chief Judicial Magistrate, Kokrajhar along with the offence report and the arrested persons were remanded to judicial custody. A confiscation proceeding was also initiated by the petitioner as the authorised officer under the Regulation. As the persons arrested/did not disclose the names and particulars of the owners of the buffaloes and the buffalo carts, the Forest Range Officer, Ultapani Range on the instruction of the petitioner published a notice on 2.7.2007. In the said public notice, the owner(s) of the seized buffalo and buffalo carts were directed to contact the office of the Forest Range Officer, Ultapani Range with all documents therefrom to prove their ownership of the seized buffaloes and carts. It was further mentioned in the notice that on the failure to do so, the seized buffaloes and buffalo carts would be confiscated in accordance with law. As no person approached the authorised officer or the Forest Range Officer, Ultapani Range, in response to the said notice claiming ownership of the seized buffaloes and the cart, the petitioner as the authorised officer confiscated the same by his order dated 9.7.2007.