Citation : 2022 Latest Caselaw 478 Gua
Judgement Date : 11 February, 2022
Page No.# 1/3
GAHC010107032021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./411/2021
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND
FOREST DEPARTMENT, DISPUR, GUWAHATI-6.
2: THE CHIEF WILD LIFE WARDEN
ARANYA BHAWAN
PANJABARI
GUWAHATI-781037.
3: THE DIVISIONAL FOREST OFFICER
DOOMDOOMA DIVISION
DOOMDOOMA
TINSUKIA
VERSUS
MEGHAN KUMAR
SON OF RAM PARVESH RAI
R/O BAKHTIARPUR, P.O. AND P.S. BAKHTIARPUR, DIST. PATNA, BIHAR,
PIN-803212
Advocate for the Petitioner : MR. P N GOSWAMI
Advocate for the Respondent : MR. R S MISHRA
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
11.02.2022
Heard Mr. K.P. Pathak, learned counsel for the petitioners. Also heard Mr.
A.K. Gupta, learned counsel for the sole respondent.
2. Mr. Pathak, learned counsel for the sole respondent submits that the
vehicle in question was seized while the same was used to carry two elephants
from Assam to Orissa and that in connection with the Zimma of the said two
elephants one SLP is pending before the Hon'ble Supreme Court in SPL(Crl.) No.
8003/2021 and as such, this matter may be adjourned till the decision of the
Hon'ble Supreme Court in the said SLP.
3. On the other hand, Mr. Gupta, learned counsel for the sole
respondent submits that this petition has no connection with the said SLP and
therefore contended to hear this matter and to decide the same.
4. In view of the rival submissions of learned Advocates for both the
sides, it is provided that list this matter after 6(six) weeks and in the meantime,
the learned counsel for the petitioners shall produce before this Court the order
is passed by the Hon'ble Supreme Court in SLP (Crl.) No. 8033/2021 (if any) and Page No.# 3/3
also place the judgments before this Court regarding release of vehicle seized in
connection with Special Acts.
5. List the matter on 22.03.2022.
6. Till then interim order passed earlier will continue.
JUDGE
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