Thaindian News

New Delhi, Oct 22 (IANS) The Supreme Court has held that wildlife officers empowered to settle cases involving breach of the Indian Wildlife Protection Act have no power to order forfeiture of weapons and vehicles allegedly used in poaching.

“We hold, as we must, that a specified officer empowered… to compound offences, has no power, competence or authority to order forfeiture of the seized items on composition of the offence by a person who is suspected to have committed offence against the act,” said the apex court bench of Justice R.M. Lodha and Justice J.S. Khehar in their judgment Oct 17.

“Chapter VI-A of the act that provides forfeiture of property derived from illegal hunting and trade is entirely a different provision and has nothing to do with forfeiture of the property seized from a person accused of commission of offence against the (Wildlife Protection) 1972 Act,” said the judgment, copies of which were made available to media later in the week.

Speaking for the bench, Justice Lodha said: “The kind of absolute vesting of the seized property in the state government, on mere suspicion of an offence committed against the (Wildlife Protection) 1972 Act, could not have been intended by parliament.”

“It is not even scarcely disputed that every enactment in the country must be in conformity with our constitution,” Justice Lodha said.

The apex court said this while upholding the judgment of Andhra Pradesh High court by which it set aside the forfeiture of a jeep and two imported rifles fitted with telescope. The verdict by the single judge of the high court was delivered March 29, 2005, which was upheld by a division bench of the court. The principal chief conservator of forest then moved the apex court.

The apex court faulted the high court in directing the principal chief conservator of forest to release the vehicle and rifles.

The apex court held that it was only a magistrate who could release the seized property.

In the instant case, on the intervening night of July 24-25, 2004, police arrested J.K. Johnson and two others at Pothamsettipalli in Medak district of Andhra Pradesh as they were carrying in their jeep a wild boar and three rabbits.

Police also recovered a battery, a torch and two imported rifles.

On the plea for compounding of the offence by the accused, the conservator of forests of Nizamabad Circle Aug 10, 200 ordered that the offence be compounded for Rs.30,000. The official also forfeited their vehicle and the weapons.

The two appealed before the principal chief conservator of forests Oct 9, 2004. The official reduced the compounding amount to Rs.25,000 but the vehicle and the rifles remained forfeited.

The apex court directed Johnson and two others to apply to a magistrate for the release of jeep and two rifles.