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2015 Supreme(Gau) 699

C.R.SARMA
Divisional Forest Officer-cum-Authorised Officer – Appellant
Versus
Bimal Tumung – Respondent


Advocates:
Advocate Appeared:
For the Appellant: R.K. Bora
For the Respondents: D. Baruah, P. Sarma and M. Saikia

JUDGMENT :

C.R. Sarma, J.

1. By this application, filed under Section 482 read with Section 397 of the Criminal Procedure Code, 1973 (for short, Cr.P.C.), the petitioner i.e. the Divisional Forest Officer-cum-Authorized Officer, Guwahati Wildlife Division, has challenged the orders, dated 08.05.2014 and 225.05.2014, whereby the learned Chief Judicial Magistrate, Kamrup (M), Guwahati, directed release of the vehicle seized in connection with KWL/8/Offence/2014/674-75, under Sections 27/29/50(1) of the Wildlife (Protection) Act, 1972 (hereinafter called, the Act) in favour of the respondent, who claimed to be the registered owner of the said vehicle. The prosecution case, in brief, is that, on 01.04.2014, at about 3 A.M., the Forester-1, Khanapara Wildlife Range, 10th Mile, Jorabat, Guwahati, while performing night patrolling dury, in Pathalipani area, inside Amchang Wildlife Sanctuary, found that a Bolero pick up van bearing No. AS-01-EC- 9210 i.e. the seized vehicle, was used in unauthorisedly carrying teak logs from Amseng Wildlife Sanctuary. The Driver of the said vehicle was also found in the vehicle.

2. Accordingly, the said vehicle and the teak logs were taken to the range headqu




































































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