JOT SINGH PANWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Proposed revisionists-accused persons Jot Singh Panwar and Somwari Lal were convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.15,000.00 each for the offence punishable under Sec. 51 of the Wildlife (Protection) Act, 1972. Against the said judgment dtd. 11/9/2018, passed by learned Chief Judicial Magistrate, Haridwar in Criminal Case No. 1474 of 2010, a Criminal Appeal (No.193 of 2018) was filed. The said Appeal has been dismissed vide judgment dtd. 15/6/2023, passed by learned Vth Additional Sessions Judge, Haridwar.

(2.) Heard Mr. V.S. Chauhan, learned counsel for the revisionists and Mrs. Manisha Rana Singh, A.G.A. for the State.

(3.) Mr. V.S. Chauhan, Advocate, contended that the Trial Court had no jurisdiction to take cognizance of the police report in terms of Sec. 55 of the Wildlife (Protection) Act, 1972. He further submitted that as per the prosecution, leopard skin were recovered from the possession of the revisionists-accused persons on 21/12/2009 and the revisionists were arrested at 11.30 a.m. However, there is no public witness in the proceedings of the alleged recovery