Dr. Jayaditya Purkayastha vs The State Of Assam And Anr
2022 Latest Caselaw 2511 Gua

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GAHC010127462022




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

                                 Case No. : Crl.Pet./608/2022

            DR. JAYADITYA PURKAYASTHA
            S/O- KAMALENDU PURKAYASTHA, R/O- 16, RAGHUNATH CHOUDHURY
            PATH, LACHIT NAGAR, P.S. PALTANBAZAR, GUWAHATI-781007, DIST.-
            KAMRUP(M), ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, WILDLIFE AND
            FOREST DEPARTMENT, ASSAM

            2:THE DIVISIONAL FOREST OFFICER
             KAMRUP EAST DIVISION
             BASISTHA
             GUWAHATI
             PIN- 781029

Advocate for the Petitioner   : MR. A. ALAM

Advocate for the Respondent : SC, FOREST




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                           ORDER

Date : 27.07.2022

Heard Mr. A. Alam, learned counsel for the petitioner. Also heard Mr. S.N. Hussan, learned standing counsel for the Forest Department.

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2. By this application under section 482 read with section 401 Cr.P.C., the petitioner has prayed for quashing of the Offence Report No. G/18 of 2020 dated 10.10.2020 filed by the Forest Department, Kamrup East Division, Assam as well as the consequent case under section 39/40/44/49-B of Wild Life (Protection) Act, 1972, which is pending before the Court of learned Sub Divisional Judicial Magistrate (Sadar) No.2, Kamrup (Metropolitan), Guwahati.

3. The case projected by the petitioner is that he is a Research Fellow and has been conferred with the Ph.D. Degree of Xenochrophis (now Fowlea) from Gauhati University and has published several research works in various international journals. In course of research work, he has collaborated with the Mizoram University, which has the requisite permission to collect sample species of Herpetofauna throughout Mizoram, which was issued by the Chief Wildlife Warden, Mizoram on 02.12.2009 and by another office order dated 13.10.2009, the PCCF (WL) & Chief Wildlife Warden, E.F&CC Department had issued supplementary provision to transport the sample of species (live or preserved specimen), amongst others, to the petitioner. It is also projected that the petitioner has been engaged by the State of Assam and other educational institutes for academic purposes. The petitioner also relies on letter dated 14.04.2022 by the Head of the Department of Zoology, Mizoram University, who had specifically stated that pursuant to Permit No. A.33011/2/99-CWLW/225, he has the permission to collect Herpetofauna specimens from the State of Mizoram. He also claims to have a permit issued by the Mizoram Forest Department under No. B.19060/5/2020-CWLW to transport such specimens to the petitioner for examination and he has certified that all the articles mentioned in the seizure list were being used by the petitioner on being duly permitted and approved/authorized by them.

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4. In view of above, let a notice returnable on 22.08.2022 be issued.

5. No formal steps is required to be taken as all the respondents are represented by the learned standing counsel for the Forest Department.

6. The Forest Department is at liberty to file objection or affidavit-in- opposition, if any.

7. In view of the case projected by the petitioner, as an interim measure, the Court is inclined to provide that although the learned Sub Divisional Judicial Magistrate (Sadar) No.2, Kamrup (Metropolitan), Guwahati may proceed with the trial, but no final order/judgment shall be delivered without a specific order of the Court.

8. The petitioner is at liberty to produce a certified copy of this order before the learned trial Court to bring the order to the notice of the said learned Court.

9. List on 22.08.2022.

JUDGE

Comparing Assistant