MOHAMMAD ZAHOOR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application was moved by the petitioners with notice to the Respondents against the search, seizure, arrest and initiation of criminal case being no. 44 before the Additional Chief Judicial Magistrate, Sealdah on the basis of the complaint dated 2nd July 1937 filed by Dilip Chakraborty forest Ranger attached to the Office of the Conservation of Forests. Wild life and E. Q.

(2.) THE case of the petitioners in short is that the petitioners are engaged in trading in caged (Aviary Bred) birds and mammals as their only source of livelihood. It appears that the petitioners No. 1 and 2 obtained licences under the provisions of the Wild Life (Protection)Act, 1972 and that the original licences were lying in the custody of the Licensing Authorities. The petitioners no. 3 to 6 deal with some kinds of birds which do not require for obtaining of licences under the said Act. The petitioners no. 7 to 9 are stated to be the associates of the petitioners no. 1 to 3 as they help in transportating, feeding, watering the caged (Aviary Bred) birds and that was their means of livelihood. It is stated that the petitioners have been in this profession for generations and they have no other means of livelihood. During the ratha Jatra Festival in the year 1987 the petitioners no. 1 to 6 duly applied to the Calcutta Municipal Corporatiopn for sanction of stall in the Monlali area, Calcutta, where such festivals are held in each year and that the stalls were allotted in the said Ratha Jatra Festival where the petitioners were trading in the caged birds. On 1st July 1987 at about 5 p. m. the Respondent no. 4 accompanied by a large number of police force and people raided the said Mela and seized a large number of caged birds and took them away and also arrested the petitioners, on the ground that the petitioners have violated the provisions of Wild life (Protection) Act 1972. On the next date, the petitioners were produced before the Chief - Judicial Magistrate, Sealdah 24-Parganas and they were all released on bail. At that time, before the learned magistrate Shri Dilip Chakraborty, a Forest Ranger prayed for permission to issue order for release of the birds and to put the same under the control of the director of Zoological Garden, Alipore and whereupon the learned Magistrate inter alia passed the following order :

(3.) ON 2nd July, 1987 the said Dilip Chakraborty, Forest ranger filed a complaint before the learned Second Chief Judicial magistrate, Sealdah, 24 Parganas under Section 51 of the Wild Life (Protection)Act, 1972 alleging that the petilioners were arrested under Section 50 of the said Act as the petitioners were found to carry on business on selling of wild animals at the C. I. T. Road (Moulali) and on the crossing of A. J. C. Bose Road and that the petitioners could not produce licence under Section 44 of the said Act for the purpose of carrying on business in the said premises. In the said complaint it was also stated that besides the business premises owned by the petitioners there were more business premises where wild animals were found but the owners were found to have run away. The wild animals seized from the aforesaid three unownd shops are also detailed in three seizure list under Head 'unclaimed'. The total number of wild animals was 3725 and one monkey. In the said complaint it was also alleged that the birds and animals seized, were collected illegally because the arrested persons failed to produce documents of collection of birds and animals from other States.