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2022 Supreme(Gau) 579

ROBIN PHUKAN
DEVENDRA KUMAR YADAV S/O LATE BISHNUDEB YADAV – Appellant
Versus
STATE OF ASSAM – Respondent


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

JUDGMENT :

1. Heard Mr. I. Hoque, learned counsel for the petitioner and also heard Mr. D. Gogoi, learned Standing counsel for the Forest Department.

2. In this petition, under Section 397/401/482, read with Section 451 Cr.P.C., preferred by the petitioner Shri Devendra Kumar Yadav, has challenged the legality, propriety and correctness of the impugned judgment and order dated 07.03.2022, passed by the learned Additional District Judge, Silchar in Misc. Appeal No.12/2020, whereby the learned Addl. Sessions Judge, Cachar has dismissed the appeal preferred by the petitioner, and also the impugned order dated 17.01.2020, passed in O.R. No. DH/5 of 2018-20, DVL 64 of 2019-20 passed by the Authorized Officer-cum-Divisional Forest Officer, Cachar, Silchar, whereby the Authorized officer has confiscated the vehicle bearing Registration No. NL-01K-5990, belonging to the petitioner.

3. The factual background leading to filing of the present petition is briefly stated as under:-

    “On 12.08.2019, the staff of Lailapur Beat and Assam Forest Protection Force personnel, while performing patrolling duty at Lailapur area on NH54, found one Truck bearing Registration No. NL-01K-5990, coming from Mizora

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