BENOY VARGHESE Vs. DY.RANGER PADOM FOREST STATION

JUDGEMENT

(1.) Petitioner is the first accused in a crime involving forest offences, registered as O.R. No. 13/2013 of Padom Forest Station. The above crime has been registered for offences punishable under Sections 2(2), 2(16), 2(32), 2(3.3), 9, 39, 50 and 51 of The Wild Life Protection Act, for short, 'the Act' over the killing of a python, a protected wild animal under Schedule 1 of the above Act, and transportation of its meat. Allegation is that while accused Nos. 2 and 3 were riding on a motor bike with the meat of a python, they were intercepted by a police party at about 6:30 p.m. on 03.04.2013. Detection of the meat carried in their bike and, later, interrogation of those accused disclosed commission of offences under the Act. Police party arrested the two riders, and seized the meat and also bike preparing a mahazar. The two arrested persons with the meat and bike seized, and mahazar prepared over the seizure, with a report, were handed over to the Range Forest Officer, by the police. The aforesaid crime was registered by the Range Officer for the offences statednaming three persons as accused, among whom riders of the bike handed over by police were arrayed as second and third accused. Interrogation of second and third accused had disclosed that the meat carried in the bike was that of a python which was caught from a forest by petitioner. He kept the python initially in a sack in a rubber plantation beside his house, and, later, killed that animal. Portions of meat of that animal were given to second and third accused, who transported it in the bike, which, on its way, was intercepted by police.

(2.) Petitioner after moving an application for anticipatory bail, and that turned down, surrendered before the Forest Officer on 27.06.2013. After his arrest and interrogation on his production before magistrate he was remanded to judicial custody which still continues. He has filed the above application seeking his release on bail under S. 439 of the Code of Criminal Procedure.

(3.) After hearing the submissions of learned counsel for petitioner and also learned Public Prosecutor notice was ordered to the Special Government Pleader (Forest), for hearing him also, noticing the facts and circumstances giving rise to registration of the crime by Forest Officer. Special Government Pleader (Forest) appeared and, then, all counsel were heard.