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Coal truck seized by the Assam forest department asking to pay penalty
30-Jan-2023 (In Civil Law)
My coal truck has been seize and confiscate by Assam forest department.. they told me to pay a penalty against it,but now it's more than one month that they keep on pending the official work.. so what legal action should I take
Every process of legal action is to suffice to some limitation .if the authority is averse to initiate any action with respect to the your mentioned problem you can resort to legal action in court ....
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Adv. Riti Sarkar
Guwahati | 25+ Answers
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Your coal truck can be seized only for coal if you have not paid the required royalty to the government. But whenever you pay the royalty the authority is bound to release the vehicle with coal. On the other hand you can approach the authority as well as Court for release of your vehicle.
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Adv. Manas Sarania
Guwahati | 25+ Answers
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More details regarding your issue would be required. Why was your truck seized? Were all your necessary papers Ok? The forest department cannot seize your truck on any whimsical or flimsy ground if you were transporting the coal legally. You may have to file a writ petition against the forest department soon.
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Adv. Bidhayak Acharyya
Guwahati | 100+ Answers
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you have to file zimma petition (custody ) before the concerned court and if your all documents are correct then you can also file criminal complain before the court against the forest departments.
As per S-451 of CRPC (Order for custody and disposal of property pending trial in certain cases)
When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
As per S-451 of CRPC (Order for custody and disposal of property pending trial in certain cases)
When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.
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Adv. Saptarshi Paul
Tinsukia | 25+ Answers
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You can file a Zimma petition before honourable Chief Judicial Magistrate court in your jurisdiction againts the seized truck. If any penalty imposed than court will decide it . First you mentioned your case no details
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Adv. Dip Kamal Saikia
Nagaon | 25+ Answers
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