Criminal trespass under Section 329 of BNS requires proof of mens rea; a public servant acting in good faith under statutory forest authority cannot be prosecuted for criminal trespass in the absence of specific criminal intent.

JUDGMENT & ORDER

Heard Mr. P. K. Tiwari, learned Senior Counsel, assisted by Mr. J. Tsering Kee, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Addl. Public Prosecutor, representing the State of Arunachal Pradesh and Mr. H. Lampu, learned counsel, appearing for the respondent no. 2.

2. The instant petition, under Section 528 of the BNSS, 2023, has been filed by the petitioner, praying for quashing and setting aside of the FIR dated 25.02.2026, in connection with Seijosa P.S. Case No. 02/2026, registered under Section 329 (2) of BNS, 2023.

3. An FIR was lodged on 12.02.2026, before Seijosa Police Station, Pakke Kessang District, by the petitioner along with other Forest Officials, alleging, inter alia that on 11.02.2026, while proceeding towards NEC road, Seijosa, on the basis of credible an information regarding illegal smuggling of timber, the DFO, namely Ms. Suman Beniwal, accompanied by her PSO, the driver noticed A-grade bamboo and wooden planks lying at an under-construction building near the ADC office, Seijosa; that on enquiry, workers present at the site failed to disclose the source of the timber and bamboo; that the DFO informed the Petitioner, Ms. Mopin Ete, RFO, Seijosa and collected the forest produced lying in the site; that in the meantime, the DFO received a call from the DFO, Pakke Tiger Reserve, stating that Shri Takam Nabam had approached him and claimed ownership of the building and requested the materials not to be taken; that aforesaid Takam Nabam was informed that removal of bamboo from Reserved Forest without payment of royalty is impermissible and removal of timber from Reserved Forest is a punishable offence under Assam Forest Regulation, 1891; that he agreed to pay the royalty to the Government in due course and thus, the DFO, the petitioner and the team left the forest produces at the location; that thereafter, when the DFO, the petitioner and the team proceeded to continue their official duty towards NEC road to act upon the input of illegal timber removal, 4-5 vehicles, led by Shri Patroce Nabam and Shri Jairam Nabam intercepted their vehicle and wrongfully restrained the DFO, the petitioner and the team; that a mob of about 30-50 persons gathered and allegedly assaulted the DFO and her staff; that the PSO was attacked and his mobile phone was snatched while recording the incident; that Smt. Yari Nabam and others also allegedly assaulted the DFO and her team and the vehicle keys were forcibly taken; that due to obstruction and assault, the DFO, the petitioner and their team were prevented from proceeding to NEC road to discharge their official duties. In view of the aforesaid, having no other alternative, the DFO, the petitioner and other Forest Staffs lodged an FIR before Seijosa police station.

4. On receipt of the FIR dated 12.02.2026, Seijosa P.S. Case No. 01/2026, under Section 126(2)/74/132/189(2)/324(3) and 351(2) of the BNS, 2023, was registered.

5. Subsequent to the registration of the said FIR, by the DFO, the petitioner & others, a counter FIR has been filed in the Seijosa P.S. at the instance of Smt. Yari Nabam, against the DFO, the petitioner and other forest officials in respect of the same incident dated 11.02.2026. The FIR was registered under Section 329 (2) of BNS, 2023, against the petitioner as one of the accused persons on 25.02.2026 after an enquiry by one ASI of Seijosa Police Station.

6. The aforesaid FIR was filed alleging that the complainant Smt. Yari Na