Jammu- The High Court of J&K and Ladakh has held that a police officer is empowered to investigate the offences under Wildlife Protection Act.
A bench of Justice Moksha Khajuria Kazmi made the observations while dismissing a petition, seeking quashment of a case (FIR No.207/2022) dated 21 December last year registered with Police Station, Leh Ladakh for commission of offences punishable under Sections 9/51 of the Wildlife Protection Act.
As per the case details, on 21st December last year, the Police Station, Leh Ladakh received information through reliable sources that some unknown persons with the criminal intention entered into Thiksay village with an intention of hunting the animals. Subsequently the FIR came to be registered.
The petitioners—Bashir Ahmad Khan and others—had sought the quashment of the FIR on the sole ground that the authorities have no jurisdiction to lodge FIR for offences under the Act of 1972. They submitted that under Section 55 of the Act of 1972, the Court can take cognizance of the offences under the Act only on the complaint of the officers as mentioned in Section 55 of the Act of 1972.
They contended that the allegations even if taken on their face value do not constitute any offence much less the offences under Section 9/51 of the Act of 1972 especially when there was no mention in the FIR about killing of an animal.
On the other hand, officials in their response contended that it has been “established” that the petitioners were involved in the alleged crime. They submitted that the cognizance of an offence under the Act of 1972 can be taken by a Court on the basis of a complaint lodged by any of the police officers.
Referring to Apex Court’s in Moti Lal vs. CBI and another, (2002), the court observed that it has held that cognizance of an offence against the Act of 1972 can even be taken by a Court on the basis of complaint lodged by any of the police officers authorised for the purpose of Section 55 of the Act. Besides, the court said, the notification dated 10.10.2014 issued by the Government of India on the basis of findings rendered by the Apex Court in Moti Lal’s case, reveals about the correct position with regard to the powers of the police officers to investigate wildlife offences.
“In view of the foregoing discussion based on the case law enunciating the correct proposition of law, the police officer is also empowered to investigate the offences under the Act of 1972,” the court said and dismissed the plea.
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