AL AMIN ESSENTIAL OIL INDUSTRIES Vs. STATE OF ASSAM AND 4 ORS REPRESENTED BY COMMISSIONER AND SECY TO GOVT OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhuyan and Mr. A. Khound, learned counsel for the appellant. Also heard Mr. D. Mozumdar, learned Additional Advocate General, Assam assisted by Ms. J. Kakati, learned counsel for the respondents.

(2.) The appellant is before this Court assailing the order dated 29.05.2018 passed by the learned Single Judge in W.P.(C) No.7328/2017. Through the said order, the learned Single Judge has dismissed the writ petition.

(3.) The facts in brief are that on 29.10.2015, four cartons of oil were seized at the Kamakhya Railway Station when it was being transported to Mumbai for export purpose. The consignment belongs to the appellant and was suspected to be Agar oil. Since, according to the authorities, it was a banned item and since the carrier did not possess a valid pass from the forest officer under the Assam Wood Based Industries (Establishment & Regulation) Rules, 2000, the carrier was proceeded against. In the said process, 20 ml of sample of the seized oil was sent to Forensic Science Laboratory (FSL) for further confirmation and on the report dated 31.12.2015 establishing that the sample was under the Agar wood oil, Forest Offence Case No.G/56 of 15-16 was registered and order dated 27.05.2016 was passed.