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2021 Supreme(Gau) 706

State of Assam – Appellant
Versus
Chow Sonjit Pomong – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P.N. Goswami and Mr. K.P. Pathak
For the Respondent: Mr. N. Prasad and Mr. A.K. Gupta

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

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