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ROBIN PHUKAN
DEEP KUMAR S/O MAHESWAR DAYAL – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
1. Legality, propriety and correctness of the judgment and order dated 07.03.2022, passed by the learned Additional Sessions Judge, FTC, at Cachar, Silchar, in Misc. Appeal No. 2/2021, and also the order dated 14.01.2020, passed by the Authorized Officer-cum-Divisional Forest Officer, Cachar Division, Silchar, in O.R. No. LP/5 of 2019-20, DVL 63 of 2019-20, are impugned in this revision petition under Sections 397/401/482 read with Section 451 of the Code of Criminal Procedure, 1973.
2. It is to be noted here that vide impugned order dated 14.01.2020, passed in O.R. No. LP/5 of 2019-20, DVL 63 of 2019-20, the Authorized Officer-cum-Divisional Forest Officer, Cachar Division, Silchar, confiscated the vehicle of the petitioner, bearing Registration No. UP-74T-5134, to the department, and vide impugned judgment and order dated 07.03.2022, passed in Misc. Appeal No. 2/2021, the learned Additional Sessions Judge, FTC, at Cachar, Silchar, has affirmed the order of the Authorized Officer-cum-Divisional Forest Officer, Cachar Division, Silchar, dated 17.01.2020.
3. The factual background, leading to filing of this petition, is briefly stated as under:
Point of law : 14. Vehicle seized for committing forest offence was not normally to be released to the party till culmination of all proceedings in respect of forest offence as particular approach in....
Point of Law : 19. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Point of Law : 18. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Point of Law : 14. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
The main legal point established is that the owner of a vehicle used in a forest offence may not be held responsible if they can prove lack of knowledge or connivance, as per Section 49(6) of the AFR....
Confiscation under the Orissa Forest Act requires proof of a forest offence and adherence to procedural safeguards, failure of which invalidates the confiscation order.
The petitioner failed to establish that his vehicle was used without his knowledge, as required by Section 56(2-c) of the Orissa Forest Act, 1972, demonstrating insufficient proof of diligence agains....
When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce together with all tools, boats, carts or cattle used in committing any such off....
Administrative property seizure is a temporary measure pending criminal conviction. Excessive, unexplained delay in investigation violates the constitutional right to a speedy trial, justifying the q....
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