SHAJU PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in O.R. No.3/2019 of Social Forestry Range, Ernakulam registered for offences punishable under Ss. 9 and 51 of the Wild Life (Protection) Act 1972 (for short 'the Act') and Rule 9 of the Kerala Captive Elephant (Management & Maintenance) Rules 2012 (for short, 'the Rules') r/w Sec. 64 of the Act. Certified copy of the FIR laid in O.R.No.3/2019 is produced alongwith as Annexure A1. The final report laid in O.R.No.3/2019 is taken cognizance of by Judicial First Class Magistrate Court -III, Perumbavoor and C.C. No.85/2020 was registered on its file.

(2.) The driver of the vehicle used for transportation of the captive elephant, it's 1st and 2nd mahouts and the owner of the elephant were arrayed respectively as accused Nos. 1 to 4 in CC No.85/2020.

(3.) The allegation of the prosecution was that on 14/4/2019, after boarding a captive elephant in a lorry bearing Registration No. KL-08-C-7677, for transporting it to it's habitat, due to careless and negligent driving of the vehicle into the premises of a petrol pump situated at Tripunithura, the forehead of the elephant touched at the roof of the petrol pump and thereby it sustained injuries. In the context, the accused was alleged as committed the offences for which the crime stands registered against him and final report stands laid against him.