BENCY SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Bency Shaji is the revision petitioner in both these revision petitions, where State of Kerala is the 1st respondent and the Range Forest Officer, Thiruvananthapuram is arrayed as the 2nd respondent. In Crl.R.P.No.555/2023, the revision petitioner assails order in CMP No.281/2021 in O.R.No.2/2020 and in Crl.R.P.No.556/2023, the same revision petitioner impugns order in CRMP No.282/2021 in O.R.No.4/2020, germane as per common order dtd. 2/6/2021.

(2.) Heard the learned counsel for the revision petitioner as well as the learned Special Government Pleader appearing for the Forest Department in detail. The precise allegation led to registration of O.R.No.2/2020 alleging commission of offences punishable under Ss. 39(3)(b), 40(2), 42, 43(1), 43(2), 44, 49, 50 and 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act' for easy reference) is that A.V.Prasanth, Mangalassery, Oham Nagar, Manikanteshwaram, Perookada, kept an elephant by name 'Balanarayanan (Ganesan)' without any ownership and without the permission of the Chief Wild Life Warden. On inspection, the Chief Wild Life Warden found that possession of the elephant by A.V.Prasanth is illegal and accordingly crime alleging commission of the above offences was registered and the elephant was taken into physical custody and thereafter given temporary custody to .Praveen, facilitating rehabilitation of the elephant under the custody of the Forest Department.

(3.) O.R.No.4/2020 was registered on the basis of a complaint lodged alleging commission of offences punishable under Ss. 2(16), 39(3), 42, 43 and 44 of the Act by Dr.Amrith Prasad stating that the 1st accused along with other agreed to sell the elephant by name Balanarayanan to Dr.Amrith Prasad and thereby obtained Rs.1,10,25,000.00 from Dr.Amrith Prasad towards the sale consideration and thereafter cheated him without giving the elephant. In this crime also, the elephant has been in custody.