CENTRAL BUREAU OF INVESTIGATION Vs. MD. YASEEN WANI

JUDGEMENT

(1.) The instant revision petition under Sec. 397 read with Ss. 401/482 of the Code of Criminal Procedure, 1973 (hereinafter 'CrPC') [now Ss. 438/442/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'BNSS')] has been filed on behalf of the petitioner/revisionist seeking setting of the judgment dtd. 22/7/2022, passed by the learned Special Judge (PC Act), Rouse Avenue District Courts, New Delhi, in Criminal Appeal No. 2/2022.

(2.) The brief facts that led to the filing of the instant revision petition are that learned Trial Court convicted the accused persons/respondents for the offences punishable under Sec. 120B of the Indian Penal Code, 1860 (hereinafter 'IPC) read with Ss. 49(B)(1) and 58 of the Wild Life (Protection) Act, 1972, (hereinafter 'the Act') punishable under Sec. 51 of the said Act. The allegations against the accused persons were that, in the year 2005, during search of some of the accused persons' premises, total eight Shahtoosh Shawls, which are banned under Schedule I of the Act were recovered and some more shawls were recovered from the premises of the other co-accused persons. Based on the said recovery, CBI registered FIR bearing RC No. SIB 2005 E0010-EOU-V in the year 2005 (CBI no. 270/2019).

(3.) In the case against the accused persons before the learned Trial Court, (CBI No. 270/2019), the accused persons, upon pleading guilty, were found guilty of the allegations made against them vide order dtd. 23/11/2021. Further, vide order dtd. 14/12/2021, the learned Trial Court passed the order on sentence against the accused persons, wherein, they were sentenced to pay fine of Rs.10,000.00 each, and in default, simple imprisonment for two months.