1. Heard Mr. D.A. Kaiyum, the learned Counsel appearing for the petitioner. The Government Advocate Mr. R.K. Bora appears for the respondents in the case.

2. The petitioner is the owner of a bus bearing registering No. AS-01/S/5179 which is deployed for carrying passengers under the Self Employment Scheme of the Assam State Transport Corporation (ASTC). On 5.12.2008, during a routine check by the forest staff under the Kamrup Forest Division, firewood worth Rs.169/- was found on the bus roof and accordingly the offence report No.BG-16/08-09 for illegal carrying of firewood was given alleging infringement of Section 40, 41 & 60(1) of the Assam Forest Regulation, 1891 (hereinafter referred to as “the Forest Regulation”). As the concerned passenger who had loaded the firewood fled away and the driver and bus conductor were unable to identify him, the two were arrested and both the firewood and the bus were seized by the forest staff.

3. In the resultant CR Case No. 5942c/2008, the driver and the conductor were enlarged on bail by the C.J.M, Kamrup on 12.12.2008 and thereafter charge under Section 41 of the Forest Regulation was framed in the case against the two accused. Since