The main legal point established in this judgment is that procedural irregularities and violations of the Wildlife Crime Investigation Handbook can lead to the quashing of proceedings in a criminal case.

ORDER :

Batch of these petitions are preferred by the accused in a solitary crime. Different petitions are preferred by different accused. Criminal Petition No.5952 of 2023 is preferred by accused Nos.1 and 2; Criminal Petition No.5788 of 2023 is preferred by accused No.4 and Criminal Petition No.5741 of 2023 is preferred by accused No.7. They are all accused in Criminal Case No.2319 of 2023 pending before the II Additional Civil Judge and JMFC, Davanagere. Since facts that trigger registration of the crime are common, these petitions are taken up together and considered by this order.

2. Facts, in brief, adumbrated are as follows:

(I) Criminal Petition No.5952 of 2023:

(a) It is the case of the prosecution that it received credible information that an unknown person by name Senthil was standing in front of S.V. Complex, No.19, Bellary Road, Bengaluru and was found selling skin, antlers and teeth of wild animals. On such information being received, the sleuths of Hebbala Police Station with panchas apprehended Senthil and seized items mentioned supra. The jurisdictional police then registered a Forest Offence Crime (‘FOC’) in FOC No.1 of 2022 for offences punishable under Sections 39, 40, 48(a), 49(b), 50, 51, 55(b) of the Wild Life (Protection) Act, 1972 (hereinafter referred to as ‘the Act’ for short).

(b) Mr. Senthil was interrogated and thereafter, he was arrayed as accused No.1. He tenders his voluntary statement that he was rearing wild animals on instructions of the owner of Kalleshwar Rice Mills located in Anekonda, Davanagere District. Based on the said information, the Women Protection Wing of the CCB along with staff and panchas searched Kalleshwar Rice Mill and drew up a mahazar. The search was conducted on 21-12-2022. The product of the search was communicated to the Assistant Conservator of Forests, Davanagere for further action. The Range Forest Officer then files a written complaint before the Judicial Magistrate First Class, Davanagere under Section 200 of the Cr.P.C. against three persons viz., Sampanna, G.M. Karibasaiah and Senthil. Sampanna and G.M. Karibasaiah are petitioners in the subject petition. The offences alleged in the said private complaint are the ones punishable under Sections 9, 39, 44, 48(a) and 51 of the Act. The crux of the complaint was that, on 21-12-2022 the complainant along with his staff members had visited the godown behind Samson Distilleries located in Anekonda Village, Davanagere Taluk wherein, the complainant found items specified, that were illegally kept in unlawful possession of the said accused. The learned Magistrate on filing of the complaint, acting under Section 190(1)(a) of the Cr.P.C. takes cognizance of the offence under Section 51 of the Act. A direction was issued to investigate into the offence acting under Section 202(1) of the Cr.P.C., to the Assistant Conservator of Forests, Davanagere to conduct investigation and submit a report on or before 21.02.2023. The Investigating Officer then seeks all the documents pertaining to FOC No.1 of 2022, which was registered at Bangalore from the office of the CCB, which had conducted a search at Davanagere. After the said investigation, the Assistant Conservator of Forests registers a FIR under Rule 65(1) of the Karnataka Forest Manual for offences punishable under Sections 9, 40, 42, 42(a), 44, 48(a), 51 and 57 of the Act. Accused No.4 is added into these proceedings. Accused No.4 is the petitioner in the companion petition. On 29-04-2023, the Deputy Conservator of Forests seeks details of the investigation undertaken by the Investigating Officer along with statements of the accused recorded during investigation. As directed by the learned Magistrate, final report was filed before the Court on 08-05-2023. On 08-05-2023, on perusal of th