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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MUKUL HUSSAIN – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
['Y S MANNAN', '', 'S MUNIR', 'C K NATH', 'PP', 'ASSAM', '', 'D GOGOISC', 'FOREST DEPTT']

ORDER

Date : 26.08.2022.

1. Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned standing counsel appearing for the respondent Forest Department.

2. In this petition, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the petitioner- Md. Mukul Hussain has challenged the legality, propriety and correctness of the order, dated 12.07.2022, passed by the learned SDJM (S) No.1, Kamrup (M) at Guwahati, in Offence Case No.SG/06(b)/ offence 2022/150-51. It is to be mentioned here that, vide the aforesaid order, the learned court below has dismissed the petition, filed by the petitioner, seeking custody of the seized sawn timbers.

3. It is to be noted here that from the seizure list, dated 23.03.2022, and also from the TP dated 21.03.2022, it appears that 2091 pieces of N. Saal logs were seized by the I.O., while the same was being carried in a Truck, bearing Regn.

No.ML-10-C-1522, from Meghalaya.

4. Mr. Y.S. Mannan, learned counsel for the petitioner submits that the petitioner is the legal owner of the aforesaid sawn timbers and he purchased the same from Santina Soshang Saw cum- Veneer Mill, Nongstoin, on 21.03.2022. Mr. Mann

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