Case No. – 14225 of 2018
DELHI DISTRICT COURT
BENCH: Hon’ble Sh. Pawan Singh Rajwawat J.
DATE OF JUDGEMENT: 03 November 2018
RELEVANT ACTS/SECTIONS:
Section 51 of the wildlife protection act 1972 (Penalties)
Section 49 of wildlife protection act 1972 (Purchase of captive animal by a person without any license)
Section 49(B) of the wildlife protection act 1972 (Prohibition of dealings in trophies, animal articles)
BACKSTORY
The complaint was based on a secret information received by CBI dated 25-05-2018 about the illegal business of wildlife articles. Sh. Rakshak Singhai and Sh. Abhinav Kumar joined the raid and a team was made under the supervision of Sh. Dheeraj Khetrapal DSP on 27-05-2018, after completion tall the legal proceedings they went to the spot along with the raiding teammate service lane of NH-1 going from Delhi to Sonepat at 3:10 pm at the Indian Oil Petrol Pump, Bilaspur, Delhi. And stated that a source was available who pointed out at the accused appearing to be a Nepalese origin carrying big trolley bag of navy-blue colour in which the bones of the tiger were found which was covered by a cardboard carton and plastic bunny bag. On 27-05-2018 the accused Mangal Lama was apprehended for the same said above. Then the complaint was recorded and the evidence was sent to the wildlife institute of India and per the lab analysis report, it has been found based on DNA sequences that were the bones were of a tiger (Panthera Tigris).
The accused was arrested and was taken to the police custody remand for knowing further information about the other suspects but the other suspects could not be located and then the accused was remanded to jail. The complaint was filed on 25-08-2018.
For the allegation complainant examined the inspector Vijay Kumar Singh, SP Dhiraj Khetrapal, Sh. Pankaj Sharma, Sh. Saurabh Aggarwal, SI Yogesh Kumar, CBI Ms. Risinamol, Sh. Shiv Bhola Gupta, Sh. Vinod Jaiswal, Sh. Chandra Prakash Sharma and Sh. Satyabir Singh. During cross-examination in post-charge evidence, he said that he didn’t make any request for public witnesses. The officer said that no staff from the petrol pump or any wildlife expert joined the raiding team. The accused said that he didn’t go to the spot from where he was caught that’s why there is no witness from the petrol pump was there. At last, the wildlife expert said that which was recovered from the bag was sent to the ekab and we identified that it was tiger’s bone. So, it has been proved that Mangal Lama was guilty.
JUDGEMENT
Mangal lama was held guilty according to the section 49,49B and 51 of the wildlife protection act 1972. and has been said that the tiger is protected under the wildlife protection act 1972 and is specified in schedule 1 of the act. So, the Punishment was given to the act. Also, the case property was confiscated and that was destroyed after the expiry of the statutory period of appeal.