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Judgment
1) Heard Mr. D.K. Das, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel for the Forest Department.
By filing this writ petition under Article 226 of the Constitution of India, it is projected that the petitioner has sold 26,000 Kg. “Khair Acacia
Katechu†by way of valid document, which is covered by transit pass No. 142909 and book No. 2801 dated 03.06.2019 issued by the Forest Ranger,
Sitap Range, Nagaland (Annexure-B) and his transport was from Sitap (via Sonari, Tinsukia) to JMB Industries Khasra, Sonipat, Haryana through
truck bearing registration No. UP-25-CT-7676 together with an e-Way Bill along with a Tax invoice for Rs.5,21,560/- issued on 12.06.2021 in favour
of the buyer (JMB Industries, Harayana). However, the said transported goods have been detained after a seizure by the Investigating Officer
(Western Range), Kaziranga National Park & Tiger Reserve, Nagaon (respondent No.5).
The learned counsel for the petitioner submits that the transported goods- “Khair Acacia Katechu†and truck were also seized. It is projected
that the transported goods a non-timber forest product and there is no ban on transportation on said item.
The aggrieved petitioner has filed this writ petition challenging the legality of the show-cause Notice dated 16.06.2021 for setting aside and quashing
of the seizure of the articles.
Issue notice, returnable on 16.07.2021.
As all the respondents are represented by the learned departmental counsel, additional extra copies of the writ petition be furnished to him within
two days.
The petitioner shall take steps for service of notice upon the respondent Nos. 6 & 7 by registered post with A/D within two days.
The respondent Nos. 1 to 5 shall submit a report by the next returnable date regarding the result of enquiry regarding genuineness of the transit
pass, on the strength of which all the seized articles were transported. The same can be placed through the learned Standing Counsel by the next date
of listing.
The learned Standing Counsel for the respondent Nos.1 to 5 may download a copy of this order from the website for onward transmission to the
said respondents.
Let the matter be listed on 16.07.2021.