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SUSMITA PHUKAN KHAUND
Akbar Hussain S/o Anar Uddin – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. I.A. Hazarika, learned counsel appearing on behalf of the petitioner as well as Mr. P. Borthakur, learned Addl. P.P. for the State respondent no. 1. Also heard Mr. D. Gogoi, learned Standing Counsel appearing for the Forest Department, Assam.
2. The petitioner before us is Akbar Hussain. He is aggrieved by the judgment and order dated 07.03.2022 passed by the Additional District Judge, F.T.C, Cachar Silchar, Assam in Misc. Appeal No. 01/2021 dismissing the appeal preferred by the petitioner under Section 49C of the Assam Forest Regulation of 1891 (the Regulation for short) and against the order dated 14.12.2020 passed by the Authorised Officer-cum-Divisional Forest Officer, Cachar whereby the truck bearing registration number MZ-03-7722 of the petitioner stood confiscated under Section 49(4) of the Assam Forest Regulation, 1891.
3. The genesis of the case was that on 24.05.2020 at around 7.30 P.M., on receipt of credible information about illegal transportation of forest produce, a group from the Range HQ of Hawaithang Range, Dholai proceeded towards Lailapur where they found one truck bearing registration No. MZ-9-03-7722 parked on the road side of NH 54 near
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 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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