Page No.# 1/3 vs Faijuddin Ahmed @ Faizuddin Ahmed
2022 Latest Caselaw 5039 Gua

                                                                    Page No.# 1/3

GAHC010258582022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Pet./1286/2022

            THE STATE OF ASSAM AND ANR.
            REP. BY THE SPL PP, WILDLIFE AND FOREST, ASSAM

            2: ARUN VIGNESH C S
             S/O- C R SRIDHARAN
             R/O- DFO RESIDENCE
            ARANYA VIHAR
             PANIBHARAL
             PIN- 784176
             BISWANATH CHARIALI
             DIST- BISWANATH
            ASSAM PRESENTLY SERVING AS THE DFO CUM AUTHORISED OFFICER
             SONITPUR EAST DIVISION
             BISWANATH CHARIALI
             DIST- BISWANAT

            VERSUS

            FAIJUDDIN AHMED @ FAIZUDDIN AHMED
            S/O- MD. HABIBUR RAHMAN, R/O- GHILADARIMUKH, P.O- GARPAL, PIN-
            784175, P.S- SOOTEA, DIST- BISWANATH, ASSAM



Advocate for the Petitioner   : MR. P N GOSWAMI

Advocate for the Respondent :
                                                                         Page No.# 2/3

                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

19.12.2022

Heard Mr. D. Gogoi, learned Standing counsel for the Forest Department.

This application is filed under Section 482 of the Code of Criminal Procedure, 1973 challenging the impugned order dated 20.09.2022, passed by the Court of learned District Judge, Biswanath at Biswanath Chariali in Misc.Appeal No.01(S-

2)/2022, whereby, the order of confiscation dated 29.04.2022, passed by the Divisional Forest Officer, Sonitpur in OR No.D/04 dated 02.12.2021 was set aside and further directed to seized the confiscation proceeding relating to the offending vehicle bearing Registration No. AS-32-C-0766 and allowed the custody of the offending vehicle to its owner, i.e. opposite party herein.

Mr. Gogoi, learned Standing counsel for the Forest Department has submitted that the learned District Judge, while, interfering with the confiscation order dated 29.04.2022 failed to appreciate the fact that there is no irregularity in the confiscation proceeding. The opposite party was given adequate opportunities and notices were also duly served upon them, but they could not produce the relevant documents before the concerned authority and hence, the confiscation started by the Forest Department. Accordingly, the learned Standing counsel has prayed for stay of the impugned order dated 29.04.2022.

Issue notice to the respondent, returnable within 27.01.2023.

Learned Standing counsel for the Forest Department shall take necessary Page No.# 3/3

steps for causing service of notice upon the respondent by registered AD post as well as by usual process within 3 days from today.

Call for the LCR from the learned court below in Misc. Appeal No.1(S-

2)/2022, and original records of OR No.D/04 dated 02.12.2021 from the concerned Forest Department, Sonitpur East Division, Biswanath Chariali.

In the interim, till the next date of listing of the matter, in the interest of justice; the operation of the impugned Judgment dated 20.09.2022, passed by the learned District Judge, Biswanath at Biswanath Chariali in Misc. Appeal No.1(S-2)/2022, shall remain stayed.

List the matter on 27.01.2023.

JUDGE

Comparing Assistant