IMPORTANT POINT
Central Bureau of Investigation (CBI) under Delhi Special Police Establishment Act can be authorised to investigate an offence, which is punishable under the Wild Life (Protection) Act, 1972 as S. 50 of the Wild Life Act is not a complete code.

JUDGMENT

Shah, J.-Leave granted.

2. The short question involved in this appeal is - whether the Central Bureau of Investigation (CBI) was authorised to investigate an offence, which is punishable under the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Wild Life Act ) as is contended that the said Act is a self contained Code ? Before deciding the said question we would narrate brief facts of the case.

3. The appellant, who is resident of Delhi, was arrested in connection with the offence punishable under Sections 9, 39(3), 44, 49, 50, 51, 57 and 58 of the Wild Life Act. It is alleged that the officers of the Sales Tax Department conducted checking of a truck at Mohan Nagar barrier in District Ghaziabad on the night of 18th /19th December, 1999 and a bundle of cotton cloth was found therein, which according to the documents, was being transported from Delhi to Siliguri. On opening the bundle, it was found that it contained 50 skins of leopard, 3 skins of tiger and 5 skins of jungle fox. On receipt of the said information, officers of the Forest Department, Ghaziabad arrived on the spot and seized the skins of animals under Section 50 of the Wild Life Act. Driver and the conductor of the truck were taken into custody and thereafter FIR was lodged and the case was registered as Crime No. 915 of 1999 under the Wild Life Act. By notification dated 21st March, 2000 issued by the Central Government, the investigation of the case was subsequently transferred to Delhi Special Police Establishment.

4. The order passed by the Central Government transferring the investigation to Delhi Special Police Establishment was challenged by filing Criminal Misc. Writ Petition No. 6830 of 2000 before the High Court of Allahabad with the prayer that the appellant be released forthwith. The High Court, by the impugned judgment and order dated 7th February, 2001, rejected the said petition. Hence, this appeal.

5. At the time of hearing of this matter, Mr. D.N. Goburdhan, learned counsel appearing for the appellant submitted that the Wild Life Act is a special law as understood under Section 5 of the Code of Criminal Procedure, 1973 and it contains comprehensive provisions for investigation, inquiry, search, seizure, compounding of offences, trial and punishment and, therefore, the Police Force Establishment under the Delhi Special Police Establishment Act (hereinafter referred to as the Act ) was not empowered to investigate the case. He also submitted that under the Act jurisdiction of the Special Police Force is limited in relation to the investigation of offences within the Union Territories as specified in the Notification issued under Section 3 of the Act. In support of his contention he relied upon the decision rendered by this Court in Central Bureau of Investigation vs. State of Rajasthan & Ors. [(1996) 9 SCC 735]. As against this, learned counsel appearing on behalf of the respondents submitted that before transferring the investigation, the Central Government has issued Notification, as required under Section 5 of the Act and the State of U.P. has also issued necessary consent order, as required under Section 6 of the said Act. Hence, the CBI is having jurisdiction to investigate the offence.

6. For appreciating the said contentions, we would refer to relevant parts of Sections 3, 5(1) and 6 of the Act which read as under:-

"3. Offences to be investigated by special police establishment.-The Central Government may, by notification in the Official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment.

5. Extension of powers and jurisdiction of special police establishment to other areas.-

(1) The Central Government may by order extend to any area (including Railway areas), in a State, not being a Union Territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of off