VINCENT T.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Crimial P.C., 1973

(2.) The applicant herein is the 1st accused in O.R No.22 of 2018 registered at the Santhanpara Police Station. In the aforesaid crime, he is the accused of having committed offences punishable under Sections 2(2), 2(16), 2(32), 2(35), 9, 39, 50 and 51 of the Wild Life (Protection) Act, 1972.

(3.) The applicant herein is a planter. He owns about 15 Acres of Cardamon plantation, which is situated within the limits of Udumbalchola Taluk. According to the prosecution, information was received by the Sec. Forest Officer, Bodimettu that a Sambar Deer falling under Schedule III of the Wild Life Protection Act, 1972 had been trapped and killed and its meat dried and illegally retained in the estate of the applicant. A search was conducted by the Forest Officer and in one of the buildings situated in the Cardamon Plantation, one iron cable trap, two plastic bags with blood stains and hair of a wild animal were found. In a nearby pit, the remnants of a Sambar deer were found. The applicant herein was contacted over phone, who in turn, ordered his employees to open the rooms in the estate. According to the prosecution, 31 traps made of iron cables, spade, axe, billhook, knives etc., used for hunting animals were seized from the room. About 16 kgs of dried meat of wild animal was also found in the room. The samples were taken and the same was tested and the report confirmed the suspicion of the Forest officials. The occurrence report was registered arraying the applicant herein as the 1st accused and his employees who were there at the estate were arrayed as the accused Nos.2 and 3.