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2022 Supreme(Gau) 578

ROBIN PHUKAN
FAIJUL HOQUE S/O LATE SAKIR HUSSAIN – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR I HAQUE

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. 13/2020, and also the order dated 17.01.2020, passed by the Authorized Officer-cum-Divisional Forest Officer, Cachar Division, Silchar, in O.R. No. DH/6 of 2018-19, DVL 65 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 17.01.2020, passed in O.R. No. DH/6 of 2018-19, DVL 65 of 2019-20, the Authorized Officer-cum-Divisional Forest Officer, Cachar Division, Silchar, confiscated the vehicle of the petitioner, bearing Registration No. AS-17B-9317, to the department, and vide impugned judgment and order dated 07.03.2022, passed in Misc. Appeal No. 13/2020, 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 12.08.2018, the forest of

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