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2022 Supreme(Gau) 576

ROBIN PHUKAN
DEEP KUMAR S/O MAHESWAR DAYAL – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR I HAQUE
For the Respondent: Mr. D. Gogoi, S.C. Forest Department

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:

    “On 18.09.2018, at about 5.00

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