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DEVASHIS BARUAH
Rustam Tamang – Appellant
Versus
State of Assam – Respondent
ORDER :
1. Heard Mr. B. Baruah, learned counsel for the petitioner and Mr. D. Gogol, learned standing counsel appearing on behalf of the Forest Department.
2. This writ petition has been filed challenging the seizure of the goods vehicle bearing Registration No. AS-23-CC-3228 belonging to the petitioner by the Forest Officials of Jagun Range, Jagun.
3. The facts of the instant case as alleged by the petitioner in the writ petition is that the petitioner had purchased on loan a goods vehicle bearing Registration No. AS-23-CC-3228 in the year 2019. On 5.12.2020 one Sri Raja Pegu hired the vehicle of the petitioner and he along with some other persons on being suspected to be involved in loading sawn timber at Waru area near Tinkopani RF into the vehicle of the petitioner, the Forest Officials of Jagun Range under sections 24, 25, 40 and 41 of the Assam Forest Regulation, 1891 as amended by Act of 2005 arrested the said persons and had seized the vehicle of the petitioner.
4. The petitioner on coming to learn about the incident applied for the certified copy of the Seizure List and the Seizure Report as prepared by the Namchik Beat Officer, Jagun Range and could come to learn that the pet
The court emphasized that the failure to exercise jurisdiction under section 49A of the Assam Forest Regulation, 1891, based on a non-existent fact of initiation of confiscation proceedings amounted ....
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 : 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....
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....
Administrative property seizure is a temporary measure pending criminal conviction. Excessive, unexplained delay in investigation violates the constitutional right to a speedy trial, justifying the q....
Section 49 of Assam Forest Regulation, 1891 reads as Seizure of property liable to confiscation.
Vehicle confiscation under the Orissa Forest Act is valid if the owner fails to prove knowledge or reasonable precautions, despite claims of procedural irregularities.
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