ARJUN AGRAWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal petition has been filed under Sec. 482 of the Cr.PC seeking quashment of Customs case No. 05/CL/IMP/CUS/CPF/NML/2020-2021 dtd. 15/3/2021 pending in the court of the learned Chief Judicial Magistrate, Golaghat.

(2.) Heard Mr. D Saikia, learned senior counsel for the petitioners. Also heard Mr. SC Keyal, learned Standing Counsel, respondent/Customs Department.

(3.) The fact of the case is that on 14/3/2021, at about 23:30 hours (11:30 pm), a flying squad from Ghiladhari Police Station recovered 8 (eight) silvery marmosets, 2 (two) golden headed lion tamarins and 2 (two) lutino blue and gold macaws from a Scorpio vehicle bearing registration No. AS-01/EA-4707 travelling from Merapani to Golaghat. The three accused persons/petitioners herein, upon interrogation, stated that the exotic animals and birds so recovered were collected from Imphal, Manipur and were being taken to Chennai. On 15/3/2021, the Officer-In-Charge, Ghiladhari Police Station, Golaghat handed over the detected items, i.e., the recovered animals and birds and the vehicle along with the accused persons/petitioners to the Range Forest Officer, Jamuguri Range, Golaghat who in turn informed that the recovered animals and birds being exotic were beyond the scope of the Wildlife Protection Act, 1972 and therefore, requested the Customs Preventive Force Numaligarh to proceed against the petitioners and seized the vehicle under the Customs Act, 1962. Thereafter, the accused persons/petitioners herein were arrested on the same day, i.e. on 15/3/2021 in connection with the aforesaid case and the vehicle along with the recovered articles was seized. The rescued animals being in live condition and there being no rescue cum rehabilitation centre were transferred to the Assam State Zoo cum Botanical Garden Authority, Guwahati on the same day for their proper health care, treatment as well as safety.