RAMESH RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Revisionists-accused persons were convicted and sentenced to undergo simple imprisonment for a period of three years along with a fine of Rs.10,000.00each under Sec. 51 of the Wild Life (Protection) Act, 1972 vide judgment dtd. 19/11/2019, passed by learned Judicial Magistrate, Gairsain, District Chamoli in Criminal Case No.52 of 2017.

(2.) Against the said judgment, an Appeal (Criminal Appeal No.35 of 2019) was filed. The said Appeal has been dismissed on 30/9/2023, passed by learned Additional Sessions Judge, Karnprayag, District Chamoli.

(3.) Mr. Sanjay Raturi, Advocate, contended that the alleged leopard skin was not recovered from the possession of the revisionists. The cognizance was taken on the basis of the charge-sheet, filed by the Investigating Officer. The revisionists had taken plea before the Appellate Court that a complaint should be filed in view of Sec. 55 of the Wild Life (Protection) Act, of 1972 . In the present case, there is total non-compliance of Sec. 50(4) and Sec. 55 of the Wild Life (Protection) Act, 1972.