JPD-07 Ct No.01

31.07.2025 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CO 98 of 2025 Nilo Kheshito Zhimomi Vs.

The State of West Bengal and another Dr. Arjun Chowdhury, Ms. Pratusha Dutta Chowdhury, Ms. Sunayana Parveen, Ms. Riya Agarwal, Mr. Bappaditya Roy, Mr. Mantu Mandal …. for the petitioner Mr. Joyjit Choudhury, Ld. AAG, Mr. Sumit Kumar, Ms. Rima Sarkar ….for the State

1. Learned counsel for the petitioner argues that the vehicle of the petitioner was confiscated under the Indian Forest Act, 1927 (for short “the 1927 Act”) on the allegation that it was carrying teak in contravention of the provisions of the Indian Forest Act, which comprised of forest produce and came within the purview of a forest offence. Learned counsel submits that for a forest offence to be established, there has to be the registration of a First Information Report (FIR) and a proper investigation before a criminal court. In the present case, in the absence of the same, it could not be said that the vehicle of the petitioner was carrying product within the purview of a forest offence.

2. Learned counsel places reliance, in support of such arguments, on a coordinate Bench judgmen