MANNIVANNAN DEVAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is fourth bail application filed under Section 439 of Cr.P.C. for grant of bail. Applicant Mannivannan Devar was arrested on 31/01/2018 in connection with Forest Crime No.28060/2002 registered at Regional Tiger Strike Force, Sagar for the offences punishable under Sections 2(16)(20), 2, 9, 39, 44, 49-A(b), 48-A, 51, 52, 55, 57 of the Wild Life Protection Act, 1972.

(2.) The first bail application filed by the applicant was dismissed on merit by the Co-ordinate Bench of this Court vide order dated 13/07/2018 passed in M.Cr.C.No.8247/2018, second bail application was dismissed on merit by this Court vide order dated 6/1/2020 passed in M.Cr.C.No.39937/2020 and third bail application was dismissed as withdrawn by this Court vide order dated 29/8/2020 passed in M.Cr.C.No.17835/2020.

(3.) As per prosecution case, red crowned roof turtles are very rare turtles found only in the ecosystem of river Chambal. It is on the verge of extinction. It is on the red list of IUCN. It is also placed at serial 14B of Part-II of Schedule I appended to the Wild Life Protection Act. The Tiger Strike Force Sagar has registered a case against several persons for international smuggling of red crowned roof turtles from Chambal river to different countries. During investigation, it was learnt that co-accused Ajay Singh, who is also engaged in smuggling of red crowned roof turtles, had business dealings with applicant Mannivannan. Accordingly, applicant Mannivannan was arrested on 20/01/2018 at the instance of co-accused Mohammad Irfan. Applicant Mannivannan admitted under Section 50(8) of the Act that he is engaged in International smuggling of red crowned roof turtles and other species of rare turtles which are on the brink of extinction. Applicant Mannivannan was an important cog in the International network of smugglers dealing in endangered turtles. The tentacles of that network were spread in India, Bangladesh, Singapur, Malaysia, Thailand, China, Medagascar, Seychelles etc. Co-accused Mohammad Irfan was the agent of applicant Mannivannan in aforesaid illegal trade of turtles and used to procure red crowned roof turtles for being sold in the International market from Chambal region. Earlier applicant Mannivannan was arrested on 27.08.2012 at Suvernabhumi Airport in Thailand with 890 turtles, which were smuggled from India. He was released on bail by a Court of Thailand; however, he never appeared before that Court to face the trial. As per Intelligence Report of Bangladesh Police, applicant Mannivannan was indulged in smuggling of turtles from India to Singapore, Thailand and Malaysia. One of the consignments sent by applicant Mannivannan in March, 2014 with carrier/passenger Rajnikant Ojha to Thailand, Rajnikant was caught at Bangkok Airport.