JUDGMENT :

ROBIN PHUKAN, J.

1. This revision petition, under Sections 401/397 of the Code of Criminal Procedure, is directed against the order dated 02.09.2021, passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, in C.R. (Forest) Case No. 04/2021. It is to be noted here that vide impugned order, the learned Court below has rejected the petition filed by the petitioner-Shri Ratneswar Gogoi, seeking custody of his elephant, seized in connection with the aforementioned case.

2. The factual background, leading to filing of the present petition, is briefly stated as under:

“On 04.08.2021, the Forest Beat Officer, Pathalipam Forest Beat, Lakhimpur, along with staffs, were attending patrolling duty at Dukhuti Mukh, situated at Dulung Reserve Forest. Then, they have noticed one Kusheswar Gogoi, Bikash Gogoi and Raju Das carrying one Nahor log through their captive elephant, towards Arunachal Pradesh from Dukhuti Mukh. Immediately, they have apprehended the said 3 (three) persons and arrested them for violating Sections 24/25/40/41/49/60 of Assam Forest Regulation, 1891, and also seized the female elephant preparing seizure list. Thereafter, the petitioner preferred one