Page No.# 1/3 GAHC010237602025 2026:GAU- AS:14095-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1181/2025 ZANAB KHAN S/O MD. SIRAJ AHMED, R/O SANGALYUMPHAM CHEREAPUR MAKHA, P.S.- LEIKAI, DIST.- THOUBAL, MANIPUR, PIN- 795148. VERSUS THE STATE OF ASSAM THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI - 781006 2:THE COMMISIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI - 06 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST OF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI KAMRUP (M) - 781037 4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST CUM COUNCIL HEAD OF DEPT. (FOREST) KARBI ANGLONG DIPHU ASSAM - 782460 5:THE DIVISIONAL FOREST OFFICER KARBI ANGLONG EAST DIVISION DIPHU Page No.# 2/3 ASSAM - 782460 6:THE AUTHORISED OFFICER CUM THE DIVISIONAL FOREST OFFICER KARBI ANGLONG EAST DIVISION DIPHU ASSAM - 78246 Advocate for the Petitioner : MR. FIRUZ KHAN, Advocate for the Respondent : SC, FOREST, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 23.09.2026 Heard Mr. F. Khan, learned counsel for the applicant and also heard Mr. D. Gogoi, learned standing counsel appearing for the respondent Forest Department. 2. Pursuant to the order of this Court dated 22.09.2026, Mr. Gogoi, learned standing counsel for the Forest Department obtained instruction in respect of initiation of confiscation proceeding with regard to the seized vehicle, and he apprised that no confiscation proceeding has been initiated till date. 3. It is to be noted here that this interlocutory application, under Section 454(3), read with Section 482 of the Code of Criminal Procedure, 1973, corresponding Section 500(3), read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the applicant for releasing the vehicle bearing Registration No.MN-01AG- 5829, in terms of judgment and order, dated 13.05.2024, passed in Criminal Appeal No.416/2023. 4. Mr. Khan, learned counsel for the applicant submits that the applicant was convicted by the learned Special Judge (Wildlife), Karbi Anglong, Diphu, in Special (Wildlife) Case No.11/2022 and sentenced him to undergo rigorous imprisonment for 7 Page No.# 3/3 years and also to pay a fine of Rs.50,000/- with default stipulation and against the said judgment of the learned Special Judge (Wildlife), Karbi Anglong, Diphu, the applicant herein had preferred one criminal appeal, being Criminal Appeal No.416/2023 and this Court, vide judgment and order dated 13.05.2024 was pleased to dispose of the said criminal appeal by setting aside the judgment and order of conviction so passed by the learned Special Judge (Wildlife), Karbi Anglong, Diphu. He further submits that in the said case, the Investigating Officer has seized one vehicle, bearing Registration No.MN-01AG- 5829. But, in the judgment dated 13.05.2024, there was no indication as to how the vehicle has to be disposed of and accordingly, the applicant preferred the present application for releasing the vehicle, bearing Registration No.MN-01AG-5829 in terms of the judgment and order dated 13.05.2024, passed in Criminal Appeal No.416/2023 by this Court. 5. Accordingly, having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the judgment and order of this Court, dated 13.05.2024, in Criminal Appeal No.416/2023. 6. It appears that while setting aside the judgment and order of conviction, so passed by the learned Special Judge (Wildlife), Karbi Anglong, Diphu, no order regarding disposal of vehicle has been passed. And in view of above and also in view of the instruction so received by Mr. Gogoi, learned standing counsel, Forest Department, this Court is inclined to dispose of this application by directing the respondent/opposite parties to release the vehicle, bearing Registration No.MN-01AG-5829 to the applicant forthwith. Comparing Assistant Sd/- Robin Phukan JUDGE