Sajal Biswas vs The State Of Assam And 2 Ors
2023 Latest Caselaw 4081 Gua

                                                                 Page No.# 1/3

GAHC010221722023




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

                                 Case No. : Crl.Pet./1069/2023

            SAJAL BISWAS
            S/O KANAI BISWAS
            PERMANENT RESIDENT OF LOCO COLONY,
            RAILWAY QUARTER L- 31, P.O. LAMDING
            P.S. LAMDING
            DIST. HOJAI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE PP, ASSAM

            2:THE DIVISIONAL FOREST OFFICER

             SONITPUR WEST DIVISION

            SONITPUR
            TEZPUR
            ASSAM
            PIN-784001

            3:THE RANGE FOREST OFFICER

             SADER RANGE
             TEZPUR
             DIST. SONITPUR
             TEZPUR
             ASSAM
             PIN-78400

Advocate for the Petitioner   : MR. T DEURI
                                                                          Page No.# 2/3

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 03.10.2023

Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State. This appeal under Section 482 of the Code of Criminal Procedure, 1973, has been filed by petitioner, namely, Sajal Biswas, impugning the judgment dated 08.08.2023 passed by learned Sessions Judge, Sonitpur in 33 (S-3) 2023 whereby the order dated 20.06.2023 passed by learned Additional Chief Judicial Magistrate, Sonitpur rejecting the prayer for Zimma filed by the present petitioner seeking custody of the seized vehicle was upheld. Issue notice to the respondents.

As regards respondent No. 1, learned Additional Public Prosecutor receives the notice, therefore no formal notice needs to be issued. It is submitted that the respondent nos. 2 and 3 are represented by the learned standing counsel for the Forest Department in this Court, hence, notice may be allowed to be served upon the said standing counsel. Prayer is allowed.

The petitioner shall take steps for service on notice on the standing counsel personally within the course of the day.

The interim prayer of the petitioner shall be considered only after service of the notice on respondent nos. 2 and 3.

Let this matter be listed again on 10.10.2023.

Page No.# 3/3

After service of notice on the learned counsel for the Forest Department by the petitioner, the names of the said learned standing counsel may be shown in the Cause List thereafter.

JUDGE

Comparing Assistant