HAMSA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are accused Nos. 1 and 3 in O.R. No. 12 of 2021 of Pattikad Forest Station have moved this application for their release on bail. They along with four others, are alleged to have committed offences punishable under Sections 2(16), 2(32), 9, 39(1)(a)(b)(d), 3(a)(b)(c), 50, 51(1) and 57 of the Wildlife (Protection) Act, 1972 and Sections 7, 24 and 55 of the Biological Diversity Act, 2002.

(2.) These petitioners are undergoing incarceration right from 09.07.2021. The other accused are yet to be apprehended.

(3.) The prosecution has alleged that the accused were found in unauthorized possession of 19 kgs. of 'ambergris' on 09.07.2021 by the forest officials near Kajah Resort kept for the purpose of sale in black market. The same is included in Serial No.5A in Schedule II Part II of Wildlife (Protection) Act and is coming under protected species. It was seized from the possession of the petitioners by the forest officials. But they could apprehend only these two petitioners as well the 2nd accused. The value of the same in black market is Rs.30 Crores and the sale of 'Ambergris' which is used for making perfumes is prohibited by law. Now the investigation of the case is only proceeding as the other accused have not been apprehended so far.