TIMIR CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner, Sri Timir Chowdhury, filed an application under section 482 of the Criminal Procedure Code, 1973, assailing the Order dated 25th July, 2005 passed by the learned Additional Dristrict & Sessions Judge, 16th Court, Alipore, 24-Parganas (South) in Criminal Motion No. 386 of 2005. By the said order, the learned Court dismissed the revisional application which was preferred challenging the order dated 21st May, 2005 passed by the learned Chief Judicial Magistrate, Alipore, 24 Parganas (South) in Complaint Case No. 3108 of 2005.

(2.) Grievances of the petitioner, as ventilated in the application, may briefly be stated as follows :

(3.) On 19th May, 2005, the opposite party No. 2 lodged a complaint before the Court of learned Chief Judicial Magistrate, Alipore, 24-Parganas (South), wherein it was alleged that on the said date at about 1 a.m., when the O.P. No.2 along with other forest officials was coming back after patrolling in Saptamukhi Block under Namkhana Range through Hatania Duania river, they cheeked the fishing boat named "F.B. Burnba" on suspicion. After inspecting the same it could be found that 41 sharks, of which 40 were Gangetic shark and one Guitar shark, which have been earmarked as 'Schedule-1 Part IIA' animals as per the Wild Life (Protection) Act, 1972, were kept in the vessel. The forest officers directed the persons present in the vessels to produce valid document for possession of such animals but they failed to do so. All the 14 (fourteen) persons who are in the vessels were arrested. Seizure list were prepared and arrested persons were forwarded to the Court.