Case No. – 2472/2019
HIGH COURT OF MADHYA PRADESH
BENCH: Hon’ble Shri V.P.S. Chauhan J.
DATE OF JUDGEMENT: 2 July 2019
RELEVANT ACTS/SECTIONS:
Section 9 of Wildlife Protection Act, 1972 (Prohibition of hunting)
Section 38 of Wildlife Protection Act, 1972 (Power of Central Government to declare areas as sanctuaries or National Parks)
Section 48 of Wildlife Protection Act, 1972 (Purchase of animals, etc., by the licensee)
Section 51(1) of Wildlife Protection Act, 1972 (Penalties)
Section 397 of Cr.P.C., 1973 (Calling for records to exercise powers of revision)
Section 401 of Cr.P.C., 1973 (High court’s Power of Revision)
BACKSTORY
The applicants have recorded this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being abused by the judgment/order dated 04/05/2019 passed by third Additional Sessions Judge, Hoshangabad in Criminal Appeal No.24/2018 whereby confirming the conviction and sentence went against every candidate for the offence culpable under Sections 9, 38, 48 and condemned under Section 51(1) of the Wild Life (Protection) Act, 1972 (hereinafter alluded to as ‘the Act’) to every candidate to experience three years RI and fine of Rs.10,000/ – with default specification in Criminal Case No.901634/2012 passed by JMFC, Hoshangabad.
The members from the Regional Tiger Strike Force name, Mukesh Kumar, Suresh Chand, B.M. Yadav, C.P.S. Sengar, and Bhuwanlal Dole got information that a few people are hunting wild creatures. All the individuals deliberately viewed the trackers and found that three people were going ahead on the motorcycle has one bag. Individuals from the power stopped them and in the wake of looking through found that bag filled up with meat, head, and legs of the wild pig. The power held seized all pieces of wild pig and meat and held seized the motorcycle. The candidates were having a cell phone which was likewise seized and recorded the statement of the witnesses, sent the seized material for assessment to the Veterinary specialist and after assessment, it was sent to Lab, Dehradun. Because Dr. Shailendra Nema who is a Veterinary Doctor expressed that he inspected the meat, head, and leg of the wild pig. In his questioning, he expressed that most definitely, he couldn’t positively say that it was a meat of wild pig, without having FSL report. After receiving the report filed a complaint before the Court of JMFC against the applicants.
But so far commission of violence of Section 9(42) of the Act was concerned, there was no compelling reason to meddle in the conviction.
Most definitely, the applicants were not having any criminal predecessor in past, they were the principal guilty party and according to Section 51(1) for which Legislature fixed the discipline at the very least three years. Since learned preliminary Court had forced the sentence upon the candidates to experience for a time of three years with fine of Rs.10,000/ – which is a base sentence for the offence, therefore, the sentence forced upon the candidates was additionally affirmed.
FORENSIC REPORT
FSL test i.e. report of Wildlife Institute of India arranged at Dehradun. The report depended on DNA sequence information, the seized meat was of wild pig (Sus scrota), no uncertainty seized meat was of wild pig and seized head and leg has a place with the wild pig. Wild pig arranged under Schedule-III of the Act.
JUDGEMENT
Hon’ble Judge didn’t discover any infirmity in appreciation of evidence so the update was without merit and the equivalent was thus dismissed.