WAHIDUZZAMAN MOHAMMAD YASEEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By presenting this criminal writ petition dtd. 13/2/2019 before this Court, the petitioners have mounted a challenge to Pachora Police Station FIR No. 37 of 2018, registered against them under Sec. 9, 39, 48A and 51 of the Wild Life Protection Act, 1972 (hereafter 'the WLP Act', for short) and Sec. 3 and 25 of the Arms Act, 1959 (hereafter 'the Arms Act', for short), and seek quashing thereof on the ground of the same being an abuse of the process of law as well as the court.

(2.) Investigation of the FIR, as registered, was under progress on the day this writ petition was presented. At the time of consideration of the same by us, we have been informed by Mr. Yawalkar, learned AGP for the State that investigation has since culminated in submission of a police report dtd. 31/1/2020 (charge-sheet) under sec. 173(2) of the Code of Criminal Procedure (hereafter 'the Cr.P.C.', for short) before the jurisdictional magistrate. In such police report, all the petitioners have been shown as accused; however, since the first petitioner has passed away recently, his name figures with the remark "dead'.

(3.) It is revealed from the records that the first information of the alleged offence under the WLP Act and the Arms Act was given by Prakash Gokuldas Patil (PHC/1423), a head constable of police (hereafter the informant), leading to registration of FIR No. 37 of 2018. The FIR further reveals that Shamkant Somwanshi (PI), Police Inspector of Pachora Police Station had called the informant and other police officers on 13/5/2018 at about 21.00 hours and apprised them of he (the PI) having received information from a source that a white coloured SUMO Victa bearing registration no. MH-15/BW 5423 was proceeding towards Pachora city from Wadhera and that it was carrying 5 to 7 persons, who were suspected of commission of offences against the WLP Act and the Arms Act and, therefore, were required to be apprehended by arranging barricade on the road. Immediately thereafter, the informant as part of a police team led by Shamkant Somwanshi left for Wadhera 'naka' in a Government vehicle bearing registration no. MH-19/M 0656. Other police personnel followed on motor cycles. Having reached the 'naka', they arranged barricade and started verifying the passing vehicles. Since it was dark, the police team had to use torch lights. One vehicle bearing registration no. MH15/BW 5423 was seen approaching Pachora city and on being stopped, it was found to have 7 persons including the driver in it. The occupants of the vehicle refused to disclose their identity whereupon the vehicle was escorted to a lighted place and 2 Government panchas were sent for. Upon their arrival and in the presence of such panchas, the vehicle was searched and a double bore gun, 16 bullets, 5 empty cartridges, 2 search lights, 2 iron axes and 2 knives of such description, as are mentioned in the FIR as well as appearing from the Panchnama, and approximately 195 kg. of meat and pieces of a wild animal (nilgai) were seized along with the vehicle. Replying to a query as to whether they had a licence for using the gun, the occupants of the vehicle/accused replied in the negative. Personal search of the accused was conducted and articles found on their person were seized, and they were taken into custody. After an FIR was registered by the informant on 14/5/2018, investigation of the same was thereafter taken up by Anil C. Shinde, Police Inspector. On completion of investigation, charge-sheet bearing no. 20 of 2020 dtd. 31/1/2020 under sec. 173(2) of the Cr.P.C. has been filed before the jurisdictional magistrate by the investigating officer, Anil C. Shinde.