QUASIM ALI Vs. SAJAL BARAN DAS

JUDGEMENT

(1.) The present revisional application is directed against the judgment and order dated 26th November, 2010 passed by the Ld. Additional District & Sessions Judge, 9th Fast Track Court, Bichar Bhavan, Calcutta, in Criminal appeal No. 31 of 2010 wherein the Ld. Appellate Court was pleased to affirm the judgment and order of sentence passed by the Ld. Metropolitan Magistrate (hereinafter referred to as Ld. Magistrate), 11th Court, Calcutta in Case No. 718 of 1996 (TR No. 107 of 1996). The Ld. Magistrate was pleased to convict the accused/petitioner under Section 40(2) of the Wildlife (Protection) Act, 1972 (hereinafter referred to as the 1972 Act) read with Section 51(1-A) of the said Act and sentenced him to suffer Simple Imprisonment for 3 (three) years and fine of Rs. 10,000/- in default Simple Imprisonment for 3 (three) months. The Ld. Appellate Court on reappreciation of evidence concurred with the finding of the Ld. Magistrate and affirmed the sentence passed by the said Court.

(2.) The genesis of the case relates to a search conducted by the Officers of Directorate of Revenue Intelligence (DRI) at the residential premises of the present petitioner/Quasim Ali at 16, Ratu Sarkar Lane, Calcutta- 700073 on the basis of information received by the office of the DRI, Calcutta. On search being conducted in presence of two independent witnesses, 3 pieces of tiger skin, 13.4 kgs. of elephant tusks, 1 piece of baby rhino horn, 290 pieces of tiger nail total worth approximately of Rs. 4, 44, 550/- were recovered. Pursuant to such recovery it was alleged by the officer of the DRI that the present petitioner failed to produce any valid documents for legal possession/acquisition/harboring of the goods so recovered. According to the DRI the goods so seized were wildlife materials under the provisions of the 1972 Act. The authorities further alleged that the present petitioner admitted that the goods were attempted to be taken out of India for the purpose of exporting and on such reasonable belief the DRI Authorities arrested the petitioner under Section 104 of the Customs Act, 1962 as the goods so seized were liable to confiscation under the provisions of Customs Act, 1962 read with Foreign Trade (Development) Act, 1992. The petitioner was thereafter produced before the Ld. Chief Metropolitan Magistrate (Ld. CMM), Calcutta on 6-8-1995.

(3.) It is seen from the records of the Ld. CMM, Calcutta that from 6-8- 1995 the petitioner was in custody till 11-9-1995 when he was granted bail by the Ld. Chief Judge, City Sessions Court, Calcutta. It would be pertinent to state that in the meantime on 8-8-1995 a communication was made from the office of the Chief Conservator of Forest, Wildlife and Chief Wildlife Warden to the Additional Director General, DRI, Calcutta, wherefrom it is revealed that since all the seizures related to Schedule-I, animals, under the provisions of the 1972 Act, a detailed report was required in respect of the case along with copies of the documents and seized articles for which Sri P. Mukherjee, Forest Ranger, Wildlife Wing was authorized to communicate. The records further reveal that by a communication the Conservator of Forest, Wildlife Circle, West Bengal was pleased to engage the Investigation Officer (IO) being Mr. Sajal Baran Das for conducting investigation in respect of documents/seizure/seizure list and other materials received from DRI. On conclusion of investigation on 9-4-1996, the IO, Forest Ranger attached to the Conservator of Forest, Wildlife Circle and Ex-Officio, Dy. Chief Wildlife Warden, Calcutta and Howrah, West Bengal filed a complaint before the Ld. CMM, Calcutta.