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ROBIN PHUKAN
DEVENDRA KUMAR YADAV S/O LATE BISHNUDEB YADAV – Appellant
Versus
STATE OF ASSAM – Respondent
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:-
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....
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 the party till culmination of all proceedings in respect of forest offence as particular approach in....
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....
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....
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 court emphasized that the failure to exercise jurisdiction under section 49A of the Assam Forest Regulation, 1891, based on a non-existent fact of initiation of confiscation proceedings amounted ....
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