Gauhati High Court
I.A.(Crl.)/1181/2025 of ZANAB KHAN Vs THE STATE OF ASSAM on 22 September 2026
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
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
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
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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
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