Page No.# 1/2 GAHC010277192024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1603/2024 ASHOK SINGH S/O SRI ARBIND SINGH R/O VILL- GOGAMUKH RAILWAY COLONY, P.O. GOGAMUKH, P.S. GOGAMUKH, DIST. DHEMAJI, ASSAM PIN-787034 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PP, ASSAM 2:THE DIVISIONAL FOREST OFFICER DHEMAJI DHEMAJI DIVISION ASSAM 3:SRI JUGAL SARMAH FOREST BEAT OFFICER SILAPATHAR PIN-787059 DIST. DHEMAJI ASSA Advocate for the Petitioner : MR. P HAZARIKA, MR. A. GAYAN,MR. P K MUNIR Advocate for the Respondent : PP, ASSAM, SC, FOREST Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.01.2025 Heard Mr. P K Munir, learned counsel for the petitioner and Mr. D. Das, learned Additional Public Prosecutor, Assam and Mr. I Borthakur, learned Standing Counsel, Forest Department, Assam. This is an application filed under Section 528 of the BNSS, 2023 by the petitioner praying for custody of a vehicle that was seized in connection with CR Case No. 94/2024 under the provisions of the Assam Forest Regulation Act, 1891. It has been admitted that the Forest Department has also initiated a confiscation proceeding. Mr. Borthakur has relied upon a decision that was rendered by the Hon’ble Supreme Court of India in the case of Deep Kumar v. State of Assam and Another in SLP (Crl.) No.3131/2023. In this matter, the Hon’ble Supreme Court has held that after completion of proceeding before the Forest Department, the vehicle is normally given back but the District Court and the High Court may interfere if the exceptional ground is shown. Here, in this case, the petitioner failed to show any exceptional ground. The confiscation proceeding has already initiated. Therefore, this criminal petition is found to be devoid of merit and accordingly, the same is dismissed. However, petitioner is at liberty to approach this court again after completion of all the proceedings before the Forest Department. JUDGE Comparing Assistant