STATE OF ASSAM Vs. CHOW SONJIT POMONG

JUDGEMENT

(1.) Heard Mr. P.N. Goswami, learned Addl. Advocate General, Assam, representing the State of Assam and other petitioners. Also heard Mr. N. Prasad, learned counsel appearing for the respondents.

(2.) By filing this application under Sec. 482 of the Cr. PC, read with Article 227 of the Constitution of India, the State of Assam, as petitioner No.1 and two of its officers have sought for quashing of the judgment and order dtd. 24/6/2021, passed by the learned Addl. Sessions Judge, No.2 (FTC), Tinsukia in Crl. Revision No.10(2) of 2021, whereby the custody of two seized elephants, in connection with C.R. Case No.22C/2021, pending before the Hon'ble CJM, Tinsukia have been granted to respondents de hors the provisions of the Wild Life (Protection) Act, 1972 and the Assam Forest Regulations, 1891.

(3.) Brief case of respondent Sri Chow Sonjit Pomong is that he is the owner of two elephants, which were carried in the vehicle bearing Regn. No.BR-01-GH-0435, with all valid documents from Lathao, Arunachal Pradesh to Odisha. On production of the documents, the DFO, Doomdooma forwarded the letter dtd. 12/4/2021, with the truck driver Meghan Kumar and authorized person Barun Kumar Singh to carry it from Lathao, Namsai in Arunachal Pradesh to Odisha. The DFO, Namsai duly verified the documents and submitted the letter No. AND/11/2021/STORE/215-17, dtd. 13/4/2021, certifying the genuineness of the documents and valid transit pass of domestic elephants, as aforesaid. The copy of the said letter was also delivered to the respondent(s) on 13/4/2021 itself. However, the opposite party no.2, the Range Forest Officer illegally arrested the aforesaid two persons and also seized the elephants. The present respondent no.1 (petitioner) approached the Court of learned CJM, Tinsukia, Assam, seeking zimma of the aforesaid two elephants claiming himself to be the owner of seized elephants but the learned CJM, Tinsukia vide order dtd. 29/4/2021, rejected the petition.