SAMIUDDIN ALIAS NEELU Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the revisionist and the learned Additional Government Advocate for the State as well as perused the documents available on record.

(2.) This criminal revision under Section 397 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the accused- revisionist against the impugned order dated 09.9.2010 passed by the learned Chief Judicial Magistrate, Lakhimpur Kheri in Misc. Criminal Case No. 1221/2010 (Manoj Kumar Singh v. Saimuddin by which the learned Chief Judicial Magistrate has allowed the protest petition filed by the complainant against the final report submitted by the Investigating Officer (Inspector, CBCID) in case Crime No. 439/2005, under Section 51 Wild Life Protection Act and ordered for re-investigation of the case.

(3.) The relevant facts emerge out of the materials available on record in brief are that Sri Manoj Kumar Singh, the then S.I., O.P., Misrana, P.S. Kotwali Sadar, Lakhimpur Kheri on 09.02.2005 left the out post along with Harendra Kumar Tyagi, H.C.O.P.L.R.P., Head Constable- A.P.Satnam Singh, Constable- Bhagirath Sharma, Constable-Adesh Kumar Sharma, Constable-Shakeel Ahmad, Constable- Jagdish Tiwari and Constable-Devendra Pal Singh Yadav in Government Jeep No. UP- 31C-6501 which was being driven by Driver- Lakhan Singh Yadav, in search of notorious criminals namely Rinku Mishra @ Prema Prakash and Shiv Kumar who were hardened criminals and were carrying price on their head for their arrest. When he reached near the Bhandariya Railway Crossing, an informer met him there and informed him that a person who was involved in smuggling of skins of wild lives was about to come he could be caught hold along with skins of wild lives he was carrying with him. Sri Singh believing the informer left the place and proceeded with the force to spot indicated by the informer in search of the person informed about. He reached with the police force and the informer near a temple situated along Dev Kali Road. The informer informed him that the person involved in smuggling the wild lives skin might be caught hold near that place. Sri Singh accordingly parked his jeep in a grove near the temple and stayed there to wait the person informed about. A person was seen coming from the Dev Kali Road, he flashed torch light on him. The informer pointed out towards him that he was the person who is involved in smuggling of wild lives skin. Sri Singh tried to stop him but he retracted his steps and tried to escape away. Sri Singh with the help of police force caught hold him. He interrogated him, who on interrogation told his name as Samiuddin, S/o Alauddin Shastri, R/o Sidhnagar, P.S. Hazra, District Pilibhit. He was having two plastic bags when Sri Singh inquired about the things he was having in his two plastic bags, he informed that he was having horn of Rhinoceros, piece of sandle wood, nails of tiger and skins of crocodile. Sri Singh thereafter searched the two bags which the person was carrying after observing the requisite formalities provided under the Code. He on search found therein one horn of rhinoceros which were in two pieces weighing about two and half kg. The international price of said horn was about Rs. 10.00 lakh. He further found one skin of crocodile which was about 5 cubit long. The international price of said skin was about Rs. 2.50 lakh. He also found one piece of sandle wood which was more than one cubit long. The international price of sandle wood was about Rs. 1.00 lakh. He also found two nails of tiger whose international price was about Rs. 50, 000/-. The accused failed to produce any document for having wild lives skin, horn, sandle wood, etc. Sri Singh thereafter seized the articles found in the two plastic bags and sealed them in the same bag from which they were recovered and got a recovery memo prepared. He took the accused to P.S. Kotwali Lakhimpur Kheri and lodged him there in the police lockup and handed over the recovered articles along with recovery memo to Head Constable- Rajendra Prasad of P.S. Kotwali, Lakhimpur Kheri who on the basis of recovery memo prepared chik F.I.R. and registered two separate cases at Crime No. 439/2005, under Section 51 of Wild Life Protection Act and at Crime No. 440/2005, under Section 4/10 of U.P. G.T.P. Act for investigation.