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1994 Supreme(Cal) 226

ARUN KUMAR DUTTA
In re: Prem Singh – Appellant
Versus
. – Respondent


Advocates:
Advocate Appeared:
A. N. Ghosh for the petitioner;
Himangshu De for the opposite parties.

JUDGMENT

Arun Kumar Dutta, J.

1. By this Revisional Application under s. 482 of the Code of Criminal Procedure (hereinafter referred to as the Code), the petitioner has prayed the Court for setting aside the seizure of his Vehicle No. CHW-6215 by the Divisional Forest Officer of Jalpaiguri under the Indian Forest Act, 1927, in the circumstances stated, and for release of the same on the grounds made out therein.

2. The petitioner contends that he is the Registered owner of the aforesaid seized truck, bearing Registration No. CHW-6215; and he maintains his family out of the income of the truck business. The said vehicle was seized by the Forest Officer concerned on 5.5.1992 for carrying 193 pieces of Sal Timber without any legal permit in violation of the Indian Forest Act. The driver of the said vehicle, along with others, were also arrested, and a criminal proceedings has been initiated against them, which, is pending before the Chief Judicial Magistrate at Jalpaiguri. But no case has been started against him (petitioner) as the owner of the vehicle. The Authorised Officer had thereafter issued a show-cause notice dated 22.4.1994 against him calling upon him to show-cause as to why


























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