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 Act, 1891.

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 the vehicle failed to produce any valid documents relating to the loaded timber. Thereafter, the offending vehicle along with the loaded timber was seized. After recording the statement of the driver of the offending vehicle, the vehicle along with the driver was brought to the concerned Range office. Accordingly, notices were served to the driver and owner of the offending vehicle to produce the documents relating to the loaded timber, however, they failed to produce any documents. Though the driver claimed that he collected the timber from the PP land of one Biju Devi, however, no certificate of origin, permission for sawing and transportation could be produced. As such, a case was registered vide OR No. D/04 dated 02.12.2022 at Diplonga Range and the Offence Report was submitted to the Authorized Officer-cum-Divisional Forest Officer, Sonitpur, East Division, Biswanath for initiation of the confiscation proceedings.

4. After, receipt of the Offence Report relating to OR No.D/04 dated 02.12.2021, notice under Form No.31(B) were served to the driver as well as the owner of the vehicle to show cause as to why this seized vehicle should not be confiscated to the State of Assam and in reply of which the driver of the said vehicle confessed that he transported the seized timber illegally from Samardalani. However, the owner of the said vehicle also confessed that his driver transported the timber illegally but the same was not within his knowledge and accepted the guilt of this driver. Thereafter, another notice was served upon the owner of the vehicle under Form 31(C) for producing the Registration Card and other relevant documents. However, the owner failed to produce the Registration Card of the offending vehicle and other documents.

5. After completion of the investigation and from the recorded statements, it was found that offending vehicle was used in illegal transportation of timber and as such, violated the provision of Section 40 Assam Forest Regulation Act, 1891 (in short AFR Act) with amendment in 1995 and as such, the accused persons are liable to be punished under Section 41 of AFR Act.

6. Thus, considering the above facts and circumstance of this case, the Divisional Forest Officer-cum-Authorized Officer, Sonitpur East Division, Biswanath Chariali, being satisfied that prima facie, an offence under AFR Act was committed and the offending vehicle bearing Registration AS-32C-0766 was involved in the illegal transportation of forest produce in violation of rules under Section 40 of the AFR Act (amended up-to date), passed an order dated 29.04.2022, thereby, confiscated the seized timber including the offending vehicle bearing Registration No. AS-32C-0766 to the State of Assam along with the timber. Accordingly, the Misc. Appeal No.1 (S-2)/2022.