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2023 Supreme(Gau) 576

MANISH CHOUDHURY
Maruti Timber and Furniture’s, A Proprietorship Concern, Represented by its Power of Attorney Holder, Sri Partha Pratim Gogoi, S/o Sri Jatin Gogoi – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D.K. Das, R.K. Agarwal, Advocate.
For the Respondent:Mr. D. Gogoi, Ms. M. Kechii, Senior Government Advocate,

JUDGMENT :

Both the two writ petitions – W.P.[C] no. 3198/2021 & W.P.[C] no. 3228/2021 -have been preferred under Article 226 of the Constitution of India making inter alia assailment of a show cause notice dated 16.06.2021 issued by an officer in the respondent Forest Department in the rank of Forester – I [the respondent no. 5] who is the Investigating Officer of a forest offence, registered as case no. WR/16/2021, on 14.06.2021, purportedly in the capacity of the Authorised Officer under the Assam Forest Regulation, 1891, as amended.

2. The case of the petitioner in the writ petition, W.P.[C] no. 3198/2021 is that the petitioner firm, a proprietorship concern, is engaged in the business of buying and selling of Non-Timber Forest produce and furniture products. The petitioner in the writ petition, W.P.[C] no. 3228/2021 is the owner of a vehicle bearing registration no. UP-25/CT-7676 [Truck] [hereinafter referred to as ‘the subject-vehicle’, for short].

3. By the impugned show cause notice dated 16.06.2021, the petitioner in the writ petition, W.P.[C] no. 3228/2021 was called upo

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