Delhi District Court
Wildlife/State vs . Pallav Chakraborty Ors. on 5 February, 2010
FIR NO.08/10
PS ANAND PARBAT
WILDLIFE/STATE VS. PALLAV CHAKRABORTY ORS.
05.2.2010
Present: All the three accused namely Pallav Chakraborty, Mukesh and Zahid are present in J/C with counsel Mr. P.R. Chatterjee.
Ld. APP for the State Mr. Atiq Ahmed.
IO SI Sunil Kumar is present from PS Anand Parbat.
WLIs R.R. Meena, V.B. Dasan and Assistant Director Mr. V.K. Dikshit from Wildlife Crime Control Bureau are also present.
These three accused were arrested by the local police of PS Anand Parbat on 03.2.2010 on a complaint made by one Gaurav Gupta.
It is alleged that from the possession of accused Mukesh from aquarium, 68 Great Green Turban were recovered. From the possession of accused Zahid, total seven Great Green Turban were allegedly recovered alongwith 20 KG of Coral and from the possession of third accused Pallav Chakraborty, 14 Great Green Turban were allegedly recovered.
Bail applications of all the three accused have been filed by the accused by their counsel. It is contended by the counsel for the accused that the articles which are alleged to be recovered are not Great Green Turban or Coral. Admittedly, at the time of alleged recovery, the Wildlife officials were not called by the police to identify whether the articles allegedly recovered are same which are specified in the Wildlife Protection Act, 1972 and as alleged.
On this, this Court asked the Wildlife Inspectors alongwith Assistant Director present in the Court to examine these articles since the articles are produced in the Court. Three jars are produced which are allegedly containing Great Green Turban. The jars are transparent. One sealed pulanda also produced, which is sealed with the seal of ZSM. The pulanda is opened. The Wildlife officials examined the alleged Coral and they also examined the contents of jars. Without prejudice, it is stated by the Wildlife Bail order in Wildlife Vs. Pallav Chakraborty ors. FIR no.08/10 dated 05.2.2010 page no.
1 of page 2 officials that on visual examination, they don't seem to be the same species which are alleged to be recovered, but it is stated that these articles be sent for their scientific examination. When on visual examination, the articles primafacie don't appear to be Great Green Turban or Coral, on this very ground and in view of Gurucharan Singh & Ors Vs. State, AIR 1978 SC 179; Sudhir Nathani Vs. CBI 108(2003) DLT 108; Anil Mahajan Vs. Commissioner of Customs and another, 2000 II Apex Decision (Criminal) Delhi High Court 141; Court on its own motion Vs. CBI 109 2004 DLT 494, all the three accused are admitted to bail on furnishing personal bond and surety bond in the sum of Rs.15,000/ each with one surety each in the like amount.
This order is subject to the condition that accused persons shall join the investigation as and when required and he shall not try to influence any of the witnesses, shall not involve himself in any other kind of offence, shall not tamper with the evidence, failing which his bail will be liable to be cancelled. The application is disposed of. Copy of this order be given dasti.
(DIG VINAY SINGH) ACMM (SPL. ACTS)/ CENTRAL/DELHI/05.2.2010 Bail order in Wildlife Vs. Pallav Chakraborty ors. FIR no.08/10 dated 05.2.2010 page no.
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