JUDGMENT :

1. Heard Mr. P.N. Goswami, learned Addl. Advocate General, Assam, representing the State of Assam and other petitioners. Also heard Mr. N. Prasad, learned counsel appearing for the respondents.

2. By filing this application under section 482 of the Cr.PC, read with article 227 of the Constitution of India, the State of Assam, as petitioner No. 1 and two of its officers have sought for quashing of the judgment and order dated 24.6.2021, passed by the learned Addl. Sessions Judge, No. 2 (FTC), Tinsukia in Crl. Revision No. 10(2) of 2021, whereby the custody of two seized elephants, in connection with C.R. Case No. 22C/2021, pending before the hon'ble CJM, Tinsukia have been granted to respondents de hors the provisions of the Wild Life (Protection) Act, 1972 and the Assam Forest Regulations, 1891.

3. Brief case of respondent-Sri Chow Sonjit Pomong is that he is the owner of two elephants, which were carried in the vehicle bearing Regn. No. BR-01-GH-0435, with all valid documents from Lathao, Arunachal Pradesh to Odisha. On production of the documents, the DFO, Doomdooma forwarded the letter dated 12.4.2021, with the truck driver Meghan Kumar and authorized person Barun Kumar Singh to carry it from Lathao, Namsai in Arunachal Pradesh to Odisha. The DFO, Namsai duly verified the documents and submitted the letter No. AND. 11.2021/STORE/215-17, dated 13.4.2021, certifying the genuineness of the documents and valid transit pass of domestic elephants, as aforesaid. The copy of the said letter was also delivered to the respondent(s) on 13.4.2021 itself. However, the opposite party No. 2, the Range Forest Officer illegally arrested the aforesaid two persons and also seized the elephants. The present respondent No. 1 (petitioner) approached the Court of learned CJM, Tinsukia, Assam, seeking zimma of the aforesaid two elephants claiming himself to be the owner of seized elephants but the learned CJM, Tinsukia vide order dated 29.4.2021, rejected the petition.

4. Being aggrieved by the aforesaid order dated 29.4.2021, the respondent No. 1 approached the revisional court by filing the Criminal Revision No. 10(2)/2021 and after hearing both the parties, by the order dated 24.6.2021, the learned Addl. Sessions Judge, No. 2 (FTC), Tinsukia allowed the revision. Accordingly the seized elephants were given in the custody of the respondent, on execution of a bond of Rs. 30,00,000 only, (Rs. 15,00,000 for each elephant), with further direction to produce the elephants before the court, if required in future. The I.O./the Range Forest Officer, Protection Range, Doomdooma is directed to take colour photographs of the elephants and countersigned by the petitioner, with a compliance report of the court's order, to the trial court.

5. Challenging the said order of the revisional court, the State of Assam and its officials, as the petitioners are before this court contending that the learned revisional court has failed to exercise its jurisdiction in proper perspective of law as well as other aspect and as such is liable to be interfered with. Grounds of challenge particularly relates to violation of various provisions of the Wildlife Protection Act such as - the elephants were illegally transported without any valid documents; there was no transit permit for transporting the elephants outside the State; no copy of agreement of the recipient organization to whom the elephants were transported and there was no intimation from the concerned authorities of Arunachal Pradesh to the concerned authorities of Assam regarding inter-State movement of elephants. It contends that although the respondent's side has submitted two certificates of ownership dated 23.2.2018 of the two elephants and a letter of communication between CCF and Principal Chief Conservator of Forests dated 19.6.2019 indicating that the aforesaid elephants were transported for religious purpose but surprisingly the elephants which were shown to be transported to one Rabindra Kumar Sing