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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRANJAL DAS
Faijul Hoque S/o Late Sakir Hussain – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. factual context of vehicle seizure and legal history. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. parties' contentions on confiscation and investigative delays. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. statutory interpretation of sections 49 and 51. (Para 16 , 17 , 18 , 19) |
| 4. confiscation under section 49 is inherently temporary. (Para 20 , 21 , 22 , 23) |
| 5. distinguishing parallel confiscation precedents from temporary measures. (Para 24 , 25 , 26) |
| 6. impact of investigation delay on confiscation finality. (Para 27 , 28) |
| 7. application of government policy and speedy trial rights. (Para 29 , 30 , 31 , 32) |
| 8. quashing criminal proceedings and ordering vehicle release. (Para 33 , 34 , 35) |
JUDGMENT & ORDER :
PRANJAL DAS, J.
Heard Mr. I Hoque, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel, Forest Department.
2. The petitioner, namely Faijul Hoque, has invoked the provisions of Section 528 BNSS, aggrieved by the continued detention of a vehicle, in the nature of a truck bearing registration No. AS-17B-9317, which was seized by the forest authorities in connection with OR No. DH/6 of 2018-19 DVL/65 of 2019-20. The petitioner is also aggri
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 : 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 : 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 : Section 15 gives independent power to the authority concerned, but confiscation of the article as mentioned there under, even before the guilt is completely established.
Confiscation under the Orissa Forest Act requires proof of a forest offence and adherence to procedural safeguards, failure of which invalidates the confiscation order.
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