Conviction for illegal wildlife trade upheld; sentence reduced reflecting appellants' youth, emphasizing rigorous evidential standards in wildlife protection cases.

JUDGMENT

AHSANUDDIN AMANULLAH, J.

Leave granted.

2. The present appeals assail the Final Judgment and Order dated 06.06.2023 in Criminal Revision Application Nos.82 and 83 of 2013 (hereinafter referred to as the ‘Impugned Judgment’) passed by a learned Single Bench of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur (hereinafter referred to as the ‘High Court’), whereby the revision petitions filed by the appellants were dismissed and Judgment dated 23.05.2013 passed by the learned Additional Sessions Judge-3, Nagpur (hereinafter referred to as the ‘Sessions Court’) in Criminal Appeal Nos.88 and 97 of 2007 was upheld.

FACTS:

3. Secret information was received by the Central Bureau of Investigation, Special Investigation Unit No.II, New Delhi (hereinafter referred to as the ‘CBI’) that appellant-Makbool Ahmed [appellant in the appeal arising from SLP (Criminal) No.4651/2024, hereinafter referred to as ‘Accused No.1’] and Rajesh [appellant in the appeal arising from SLP (Criminal) No.4650/2024, hereinafter referred to as ‘Accused No.2’] were indulging in illegal trade of tiger skin and wild animal products. The information was to the effect that the appellants were likely to deliver huge quantity of the illegal skin and products to some unknown persons in Nagpur, Maharashtra in the 3rd week of March, 2001. Based on this information, a CBI team, headed by PW4/Mr. A. K. Bassi, Inspector, reached Nagpur and maintained regular contacts with the source. On 21.03.2001, the source informed the CBI team that both accused were likely to deliver huge quantity of tiger skin and wild animal products to some unknown person(s) at about 16:40 hours at M.H.S.K. Mohammad Ali Petrol Pump, Kamptee Road, Nagpur in a Maruti-make car. Accordingly, two independent witnesses were requisitioned by way of a written request by PW4 to the Regional Labour Commissioner (Central), CGO Complex, Nagpur and Executive, Patent Information System, CGO Complex, Nagpur, seeking two officers. The Regional Labour Commissioner made available the services of Mr. K.G. Sadawarte and Mr. Umesh Bhosale/PW2, respectively.

4. On even date, PW4, Inspector Jagdish Prasad/PW6 and other staff gathered in the local CBI office, where PW4 briefed Mr. Sadawarte and PW2 about the secret information, and all left for the spot at about 14:45 hours. They reached near the M.H.S.K. Mohammad Ali Petrol Pump at about 15:15 hours. Around 16:30 hours, the source contacted PW4 and pointed to a silver-coloured Maruti Esteem car bearing Registration No.MH-18/C-833 parked in the premises of M.H.K.S. Petrol Pump and informed that the accused were sitting in the car. Immediately, PW4, the CBI staff and the independent witnesses intercepted the said Maruti Esteem car and disclosed their identity to the suspects. In the meantime, a congregation of people had gathered on the spot. PW4 requested one amongst the general public to act as a panch to the proceeding. The Manager of the Petrol Pump named Mr. Rambabu Mangruji Kuthe/PW1 offered to act as a witness. On inquiry, the respective accused disclosed their identities. During the search, it was found that Accused No.1 was sitting on the driver seat of the car and one tiger skin was kept on the front seat of the car, while Accused No.2 was sitting in the rear seat of the car in possession of antler horns, 10 claws and 3 teeth appearing to be of a tiger. When they opened the dicky of the car, they also found gunny bags containing 23 kg of tiger bones, 5 tiger skulls weighing about 2.4 kg and antler horns weighing 1.9 kg. The tiger skin and the wildlife artic