FOREST RANGE OFFICER SHOLAYAR Vs. PATHROSE

JUDGEMENT

(1.) RESPONDENTS herein, stood trial for offences punishable under S.27(2)(c) and (f) of the Kerala Forest Act and S.9(2) read with S.51 of the Wild Life Protection Act, 1972. Prosecution case is that respondents stayed in Ambalappara Inspection Bungalow belonging to the Kerala State Electricity Board on 31-7-85, and that during such time 1st accused shot dead a Nilgiri Langur (Presbytisgohni) with the gun belonging to the 2nd accused. Accused are alleged to have made confessions to the effect that they killed the animal. Notwithstanding that the learned Magistrate thought that prosecution was incompetent, as no notification under S.55 of the Wild Life Protection Act was produced. By S.R.O. 227/75 dt. 1-2-1975 Government of Kerala has delegated the authority to file complaints to officers in the forest department not below the rank of Range Officers, and Assistant Wildlife Preservation Officers. The notification reads as under :