MOHSIM ALI Vs. STATE

JUDGEMENT

(1.) These petitions arise out of order on sentence dated 4.8.2007 passed by learned Additional Chief Metropolitan Magistrate, Delhi. Crl. M.C. No. 2866/2014 arise out of CC No. 89/01/93; Crl.M.C. 2867/2014 arise out of CC No. 215/01; Crl.M.C. 2868/2014 arise out of CC No. 61/01; Crl.M.C. 2869/2014 arise out of CC No. 89/01/96; Crl.M.C. 2870/2014 arise out of CC No. 222/01/07; Crl.M.C. 2871/2014 arise out of CC No. 109/01; Crl.M.C. 2872/2014 arise out of CC No. 76/01; Crl.M.C. 2873/2014 arise out of CC No. 70/01; Crl.M.C. 2875/2014 arise out of CC No. 123/01/07 and the petition bearing Crl.M.C. 2874/2014 arise out of order on sentence dated 8.8.2007 in CC No. 43/01 whereby the petitioner was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 25,000/- and in case of default of payment of fine, the petitioner was to undergo further simple imprisonment for six months for the offence under Section 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as "Act").

(2.) Since all the petitions are filed by the petitioner, Mohsim Ali and involve similar question of law, the same are being disposed of by this common order.

(3.) Shorn off the unnecessary details, the brief facts of the case are that the petitioner was prosecuted for the offence under Section 51 of the Act on his plea of guilt for unauthorisedly trading in endangered species of birds vide order dated 1.8.2007. Vide order on sentence dated 4.8.2007, the petitioner was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 25,000/- and in case of default of payment of fine, the petitioner was to undergo further simple imprisonment for six months for the offence under Section 51 of the Act. Benefit of Section 428 of the Code of Criminal Procedure (hereinafter referred as "Cr.P.C") was given to the petitioner and it was ordered that the sentences shall run concurrently with the other sentences which the convict is undergoing.