MOHD. ISHAQ BAIG Vs. STATE

JUDGEMENT

(1.) BY this petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) the petitioner seeks the quashing of Complaint Case No. 52/1/1999 titled "State (through Wild Life Inspector) v. Mohd. Ishaq" under Section 55 of the Wild Life (Protection) Act, 1972 ['Act'] pending in the Court of the Additional Chief Metropolitan Magistrate (ACMM), Delhi.

(2.) ON 3rd March 1999 the Wild Life Inspector, Delhi conducted a raid in House No. 5311, Kucha Rehman, Chandni Chowk, Delhi which was the rented house of the petitioner. The petitioner was found to be in possession of 159 Shawls made of wool derived from Tibetan Antelopes in different ratio with other wool. The petitioner failed to produce any legal source for procurement or any licence or authority for possessing the said Shawls. Therefore the seized Shawls were presumed to be Government property under Section 50 (1)(c) of the Act. The petitioner was produced before the learned ACMM, Delhi in custody on 4th March 1999. The seized Shawls were sent to the Wild Life Institute of India (Institute), Dehradun on 4th April 1999 for scientific analysis. By a letter dated 23rd July 1999 the said Institute sent its report which confirmed that out of the 159 shawls, ten contained the Guard hair/fibres of the Shahtoos variety of Tibetan Antelope. Contending that the petitioner had contravened the provisions of Section 49 and 49(b)(1) of the Act punishable under Section 51 thereof, the aforementioned complaint was filed in the Court of the learned ACMM under Section 55 of the Act by the Wild Life Inspector, Delhi.

(3.) ON 28th April 2008 after finally hearing the arguments, an order was passed by the learned ACMM, Delhi observing inter alia as under :