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MITALI THAKURIA
State Of Assam – Appellant
Versus
Faijuddin Ahmed @ Faizuddin Ahmed S/o Md. Habibur Rahman – Respondent
JUDGMENT :
Heard Mr. D. Gogoi, learned Standing Counsel, Forest Department representing the petitioners. Also heard Mr. S.K. Nargis, learned counsel for the respondent.
2. This application is filed under Section 482 of Code of Criminal Procedure, 1973 praying for setting aside and quashing the impugned Judgment and Order dated 20.09.2022 passed by the learned District Judge, Biswanath at Biswanath Chariali in Misc.Appeal No.01(S-2)/2022, whereby the order of confiscation dated 29.04.2022 passed by the Divisional Forest Officer, Sonitpur in OR No.D/04 dated 02.12.2021 was set aside and further directed to cease the confiscation proceeding relating to the offending vehicle bearing Registration No.AS-32-C-0766 and also allowed the custody of the offending vehicle to its owner i.e. the opposite herein.
3. The brief facts of the prosecution case is that on 02.12.2021, during routine patrolling in Koroioni Samardalani area, one vehicle bearing registration No. AS-32C-0766 was detected by the range officer, Diplonga Range carrying timber in the vehicle. The vehicle was stopped by the Forest Officer and they asked for valid documents of the timber loaded in the vehicle. However, the driver of
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 : 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 : 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 : 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 owner of a vehicle bears the burden of proof to demonstrate lack of knowledge or connivance in illegal transportation of forest produce, with confiscation serving a preventive function under envi....
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 owner's liability in forest-offense cases is strict, requiring proof of non-involvement; mere denials are insufficient to overturn administrative actions.
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