Crl.Petn./30/2024 of STATE OF MEGHALAYA Vs RAJU HAZARIKA on 15 May 2026

Serial No.12 Regular List

HIGH COURT OF MEGHALAYA AT SHILLONG

Crl. Petn. No. 30 of 2024

Date of Order: 15.05.2026

State of Meghalaya, Through the Secretary, Forest Department Main Secretariat Building, Shillong 793001.

…..Petitioner

-VERSUS-

Shri. Raju Hazarika

S/o Saifo Ali,

Vill- Belbari Pathar, Barkapala,

P.S.- Sarthebari, Dist:- Barpeta,

Assam.

…..Respondent

Coram:

Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. K. Khan, AAG. with

Mr. A.H. Kharwanlang, Addl. Sr. GA.

For the Respondent(s)

: None.

Order (oral)

This petition has been filed challenging the order dated 13.09.2023 by which the respondent was granted possession of the vehicle seized in connection with the alleged offence under the Wild Life (Protection) Act, 1972 and the order dated 15.12.2023 of the learned Sessions Court affirming the order dated 13.09.2023. The prime ground of challenge raised in the 2026:MLHC:467

petition is that there is no provision of interim release of vehicle under the Wild Life (Protection) Act, 1972. Mr. K. Khan, learned AAG appearing for the State-petitioner, in his usual fairness, has not disputed the proposition laid down by the Apex Court in State of U.P. and Another v. Lalloo Singh, (2007) 7 SCC 334, and has submitted that there appears no absolute legal bar in grant of interim custody of vehicle seized in connection with the offence in relation to the Wild Life (Protection) Act, 1972. In view of the free and fair submission of the learned AAG, this petition requires no further consideration. The order dated 13.09.2023 of the Judicial Magistrate, First Class and the order dated 15.12.2023 passed by the learned Sessions Court, Ri-Bhoi District, Nongpoh do not suffer from any illegality or infirmity and the same are hereby upheld.

Accordingly, this criminal petition stands disposed of.

Judge

Meghalaya 15.05.2026 Abhinandan P.S 2026:MLHC:467 Digitally signed by ABHINANDAN KUMAR Date: 2026.05.15 16:06:14 IST Signature Not Verified