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2023 Supreme(Gau) 502

SUSMITA PHUKAN KHAUND
Akbar Hussain S/o Anar Uddin – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. I.A. Hazarika
For the Respondents: Mr. P. Borthakur, (Addl. P.P.)

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

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