Case u/s 9/51 of wild life protection act
arif
(Querist) 05 December 2015
This query is : Resolved
Case detail
A FIR was registered against 3 accused in cow slaughtering act by Mr.X . He purposely added/ inserted a line in the FIR that when he catched us we opened fire at him( over writing is visible) . So three cases were registered. Case No. 1: u/s 147, 148,149,34 ,and 307 Case 2: U/s cow slaughtering act, Case 3: under arms act 30. Seizure were made and seizure memo was prepared in which the police seize meat, knives, car and gun, one live cartridge and one empty cartridge.
Three accused sent to jail. The police conducted an investigation and found that Case 1 is not made out as based on the bayan of 4 independent witness that there was no fire on site on anybody, no injury to anyone , no cow was slaughtered and only a pahari was hunted.
In case 1, the police submitted the FR to court.
In Case 2: The police sent the recovered meat to forensic lab to determine whether the meat belongs to cow and the report came that the meat does not belong to cow and its progeny. The police requested the court to convert the case in to wild life act u/s 9/51 ( Killing of Phari ( Neel Gai) by submitting the application under crpc 167 and the court took the cognizance and converted the case into wild life and then investigation officer (SI) filed the charge sheet in court u/s 9/51 against all 3 accused.
Case 3: The police filed the charge sheet against one accused only who has the licence of gun.
Later the police informed after almost 2 months informed the District forest officer to initiate proceedings for confiscation of car as the car was involved in carrying of meat of wild animal.
Now we are fighting the case (CrPC 239 revision at district judge Moradabad, JM rejected application U/s 239) on the following point
1) The FIR was registered in cow slaughtering act and when forensic report denied that the meat does not belong to cow and its progeny and nowhere the report indicate that the meat is of which animal then how SI can assume that the meat belong to a wild animal and can convert the case into wild life protection act U/s 9/51.
2) As per WPA 1972, NO court can take cognisance against the offence committed against this act unless the complaint filed ( As per section 55 of WPA) by chief conservator forest /DFO and related officer ( In our case , No complaint was filed by DFO or wild life officer). And police officer is not authorised to submit complaint or charge sheet as per section 55 of WPA 1972
3) Even police officer are not authorise to conduct investigation and record the statement of accused and witness as section 50(8) of WPA
4) Forensic report is not available that meat belongs to which schedule of animal as per wild life protection act.
5) Post mortem of the animal was not conducted so no report is available.
6) Vitenary surgeon report suggesting that the recovered meat is of wild animal is not available. Although he signed on the seizure memo and was available at the time of arrest and seizure.
7) Ballastic report of gun and animal is also not available.
8) Even as per independent witnesses bayan , that the pahari was hunted on that day. Pahari does not fall into any schedule given in the WPA schedule animal list. So how the wild life case can be made against us
As per merit I would like to know your opinion on the following
1) Can court authorise to take cognizance of wild case directly on police chargesheet.
2) Can court overlook and bypass the provision of act such as section 55 and section 50.
3) Can court without receiving the complaint from DFO or authorised officer initiate the proceeding of framing the charges against accused?
4) Can a court convict a person without any scientific proof or test report of meat
5) Can a police investigate wild life cases ( As per section 50(4) the police not below the rank of SI can detain, arrest, seize and search but as per act the investigation, recording of bayan, and filing of complaint only DFO, Chief wild life wardens etc are only authorise as per section 55)
6) Can I get relief from district court? What are the chance
7) If suppose district court reject, and if I file in 482 in allahbad high court , what are the chances of getting relief
8) Can you provide me references of section 55 in which court granted relief if the case is filed by police officer
Please note that still the charges are not framed
if you need any information further , plrase let me know
Regards
arif
P. Venu
(Expert) 05 December 2015
I am afraid the query is too complex for us to make any suggestion.
arif
(Querist) 05 December 2015
I wrote the whole case detail for the advice. I dont think that it is too complex Mr. Venu Sir.If you need any clarification please let me know
Regards
Dr J C Vashista
(Expert) 06 December 2015
Too long a story and not a query, be brief and precise.
Consult a local lawyer for proper analyses, guidance, advise and proceeding.
Rajendra K Goyal
(Expert) 07 December 2015
Full case file and each document need to be referred, get services of local senior lawyer.
