SANSAR Vs. STATE

JUDGEMENT

(1.) This order of mine will dispose of two revision petitions i.e. Cr.R. No. 116 of 1982 and Cr. R. No. 206 of 1982 which have arisen out of the same order dated 17.2.1992 passed by Mr.P.S. Sharma, the then Additional Sessions Judge whereby appeals being Criminal Appeal No. 50 of 1981 and Criminal Appeal No.56 of 1981 filed by Sansar, the petitioner herein, against his conviction and sentence dated 1.8.1981 and 3.8.1981 under Section 44,49 and 51 of the Wild Life (Protection) Act, 1972 passed by Mr. H.P. Sharma, Additional Chief Metropolitan Magistrate, were dismissed.

(2.) The facts which are apparent on record are that on 11th September,1974 the premises No. 2101, 1st floor, Sadar Nala and premises No. 1260 Gali No. 11 Sadar Bazar within the jurisdiction of P.S. Sadar Bazar, Delhi which was in possession and occupation of Sansar, the petitioner herein, were searched and as a result of which tropbies/uncured trophies of the animals specified in Schedule I and part II of Schedule II and also trophies/uncured trophies covered under Section 49 of the Wild Life {Protection} Act were recovered and for that offence which act was in contravention of Section 40 [2] and 49 of the Wild Life (Protection) Act and on 282 that account this petitioner was charged to face trial under sub-section HI of Section 51 of the Wild Life (Protection) Act and also under 1st proviso to sub-section [1] of Section 51 of the Wild Life (Protection) Act.

(3.) It is stated that on 20.11.1974 the residential premises of Sansar , the petitioner, being House No. 1166, Gali No. II, Sadar Bazar, Delhi was also searched and as a result 104 uncured skins of Red Fox and 435 uncured skins of Agra Monitor Lizard were allegedly recovered from those premises which were in occupation and control of the petitioner and as such he was also charged to face trial for an offence under Section 51 [1] of the Wild Life (Protection) Act.