AJAY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application for bail under Section 439 of the Cr.P.C. filed on behalf of petitioner Ajay Singh in Forest Crime No.28060/2002 registered by Regional Tiger Strike Force, Sagar under Sections 2 , 9 , 39 , 44 , 48-A , 49-B , 51 and 52 of the Wild Life (Protection) Act, 1972, (hereinafter referred to as "the Act").

(2.) As per the prosecution case, petitioner Ajay Singh disclosed in his statements under Section 50 (8) of the Act that he is engaged in sale and purchase of turtles and ant eaters for past many years. He has an international network for sale and purchase of turtles, Monitored Lizards, Double Mouthed Snakes and Pangolin Scale etc. He was told by co-accused Ram Singh @ Bhola that turtles are found in Bibateshwar and Pinhut Villages. Ram Singh purchased about 700-800 turtles from the fisherman in aforesaid region. Ajay Singh purchased the same from Ram Singh and supplied to international smugglers Mohammad Irfan and Mohammad Sultan. He also sold turtles to Khoka, Khokone, Shaha and Shekhar, who are residents of villages Bangaon and Chandpara on Indo- Bangladesh Border. He came in contact with co-accused Sanil, Tameem and Manimannam Murgeshan and also supplied turtles to them. He took recourse to websites for smuggling of turtles on international level; as such, he is engaged in smuggling of endangered turtles on international level.

(3.) Learned counsel for the petitioner submits that there is another case registered against him at Agra; wherein, he is said to have been arrested along with 23 turtles including red crowned roof turtles in his car no. UP 80 DR 9101 at Raja Ki Mandi Station, Agra along with another person. The present crime no.28060/02 has been registered on the basis of the same incident. In the case at Agra, he has been released on bail by order dated 21.08.2017 by Allahabad High Court. The petitioner has been in custody since 08.06.2017; therefore, it has been prayed that the petitioner be released on bail.