JUDGMENT :

Heard Mr. T. Chezhiyan, learned counsel for the petitioner as well as Mr. S.C. Keyal, learned Standing Counsel, Customs. Also heard Mr. P.N. Goswami, learned Addl. Advocate General, Assam representing rest of respondents.

2. On 28.07.2020 at around 11.00 PM while performing regular night patrolling duty with other staff of the Lailapur Sub-Beat on NH 54 Highway nearby Lailapur Forest Sub-Beat Office Check Point area where each and every vehicle coming from the Mizoram State towards Assam was checked jointly with the police personnel of Dholai Police Station, Dholai, a vehicle bearing Regd. No.TS-08-UB-1622 was stopped then suddenly an unpleasant odour was smelled from the well packed carton/container kept inside the said vehicle. The patrolling team decided to physically check all the well packed cartons. On physical inspection, they found 8 nos. of cartons and on opening the cartons, live wild animals like – (1) Kangaroo – 01 (One) No.; (2) Tortoise – 03 (Three) Nos.; (3) Blue Macaws – 06(Six) Nos. and (4) Exotic Monkey – 02 (Two) Nos. were found inside the iron cage/pinjira without valid license or legal documents. The driver of the vehicle No.TS-08-UB-1622 was asked to