Point of Law: Section 49 of Assam Forest Regulation, 1891 reads as Seizure of property liable to confiscation.

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 upon to produce ‘legality and proof of original forest produce’ relating to 17.591 CuM of Khair [Acacia Catechu] which were seized by the said authority, that is, the respondent no. 5 on 14.06.2021. By the show cause notice dated 16.06.2021, the respondent no. 5 by referring to the provisions of Section 49 of the Assam Forest Regulation, 1891 has asked the petitioner in the writ petition, W.P.[C] no. 3228/2021 to show cause as to why the subject-vehicle and Khair [Acacia Catechu] logs measuring 17.591 CuM so seized, shall not be confiscated to the State. As the petitioner in the writ petition, W.P.[C] no. 3198/2021 is the owner of seized Khair [Acacia Catechu] logs measuring 17.591 CuM sought to be confiscated, it has preferred the writ petition challenging also the legality and validity of the show cause notice dated 16.06.2021, like the petitioner in the writ petition, W.P. [C] no. 3198/2021.

4. As the subject-matter of challenge in the two writ petitions is common and the factual matrices are inter-connected, both the writ petitions are taken up together for final consideration at the admission stage itself, at the request and instance of the learned counsel for the parties.

5. The common facts which are projected in the two writ petitions can be stated, in brief, as follows :

The petitioner firm, M/s Maruti Timber and Furnitures has claimed that it had brought 26,000 Kgs of Khair [Acacia Catechu] by paying requisite royalty from the State of Nagaland and according to it, Khair [Acacia Catechu] in the State of Nagaland is classified as Non-Timber Forest Product [B–Grade Quality] by the Forest Department, Nagaland. It is stated that the said quantity of Khair [Acacia Catechu] was obtained validly vide Transit Pass no. 142909 under Book No. 2801 dated 03.06.2019 and the said Transit Pass permitted the petitioner firm to transport the said quantity of Khair [Acacia Catechu] from Sitap, Nagaland via Sonari, Tinsukia to M/s JMB Industries, Khasra, Sonipat, Haryana through a vehicle bearing registration no. UP-25/CT-7676 [Truck], that is, the subject-vehicle, belonging to the petitioner in the other writ petition, W.P.[C] no. 3228/2021.

6. I have heard Mr. D.K. Das, learned counsel for the petitioner in the writ petition, W.P.[C] no. 3198/2021 and Mr. R.K. Agarwal, learned counsel for the petitioner in the writ petition, W.P.[C] no. 3228/2021. I have also heard Mr. D. Gogoi, learned Standing Counsel, Environment and Forest Department for the respondent nos. 1 – 5 in both the writ petitions; and Ms. M. Kechii, learned Senior Government Advocate, Nagaland for the respondent no. 7 in the writ petition, W.P.[C] no. 3198/2021 and the respondent no. 6 in the writ petition, W.P.[C] no. 3228/2021.

7. Both Mr. Das and Mr. Agarwal, learned counsel for the petitioners in