Verification and custody of seized timbers, and the role of the Forest Department in addressing discrepancies.

JUDGMENT AND ORDER :

1. Heard Mr. IH Barbhuiya, learned counsel for the petitioner. Also heard Mrs. S Jahan, learned Additional Public Prosecutor appearing for the State.

2. This is a revision petition under Section 397 read with Section 401 Cr.PC challenging the legality of the order dated 20.01.2017 passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in GR Case No. 2453/2015 under Sections 468/420/379/411 IPC read with Section 40/41/43/49 of the Assam Forest Regulation arising out of Boginadi PS Case No. 138/2015.

3. I have perused the aforesaid order passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur.

4 The petitioner moved the Court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, in view of the direction passed by this Court in Criminal Revision No. 143/2016. The impugned order passed by the learned Chief Judicial Magistrate makes it appear that he got the timbers examined and there was discrepancies in respect of the number of the timbers. At the same time, the order indicated that the timbers are in a decaying stage lying outside the Police Station. Inspite of the fact that the Investigating Police Officer reported to the Court that there is a confiscation proceeding likely to be taken up by the Forest Department yet no instance is there on the record suggesting any such move by the Forest Department is brought to the notice of this Court during the course of hearing.

5. I have considered every details of the issue involved here in respect of zimma of the seized timbers. In the considered opinion of this Court, the seized timbers may be put in the zimma of the TP Holder subject to appropriate verification by the Local Senior Forest Officer, and if any discrepancy is found in respect of the number of the timbers, in that case, the additional timbers may be taken care of by the Forest Department taking the same in their own custody. While giving zimma of the timbers to the truthful TP Holder, the learned Chief Judicial Magistrate will take into account the approximate value of the timbers and zimma will be given against execution of indemnity bond to the person entitled for it. The indemnity bond should be of the value of the timber to be assessed approximately.

6. On receipt of this order, and an application from the persons requesting for zimma, the learned Chief Judicial Magistrate, Lakhimpur, North Lahimpur will pass appropriate order on the basis of the directions of this Court.

7. With the above directions to the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, this Criminal Revision Petition stands disposed of.

8. Send back the LCR.

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