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2023 Supreme(Gau) 16

MALASRI NANDI
Amlan Jyoti Baruah – Appellant
Versus
State of Assam, Represented by the Standing Counsel, Forest – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr T H Hazarika. Advocate
For the Respondent: Mr D Gogoi, SC

JUDGMENT :

Heard Mr T H Hazarika, learned counsel appearing on behalf of the petitioner. Also heard Mr D Gogoi, learned Standing Counsel, Forest.

2. The petitioner has preferred this revision petition under Sections 401/397 of CrPC, 1973, against the order dated 28.09.2022, passed by the learned Additional CJM, Lakhimpur, North Lakhimpur in CR(Forest) Case No. 13/2022, under Sections 34/35/40/41/49 (i) and 60 (i) of Assam Forest Regulations, 1891, whereby the learned Additional CJM, Lakhimpur, North Lakhimpur, has rejected the petition of the petitioner/revisionist filed under Section 451 of CrPC, for zimma/custody of a truck.

3. The brief facts of the case is that on 07.08.2022, at around 11:00 pm at night, while the Forest Officer, the informant was going towards Pathalipar at Dhakuakhana, along with some other forest officials, while patrolling at Gogamukh Chariali, they had noticed one truck was coming from NHPC side and in the late night at around 01:00 clock they stopped the truck at Gogamukh Chariali NHPC Road and interrogated the driver, as to what was brought in the vehicle. The driver replied that there were timbers in the truck, bearing Registration AS-23CC-4944. The inform

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