Specific procedures laid down in a special enactment prevail over general provisions for admissibility of evidence.

1. Admit. The learned Counsel for the respondent waives notice.

2. Heard finally, with consent.

3. By this Revision Application, the State is challenging the judgment and order dated 01/09/2014 passed by the learned Sessions Judge in Criminal Revision Application No.36/2014. By the impugned judgment, the learned Sessions Judge has set aside the order dated 27/03/2014 passed by the learned Judicial Magistrate, First Class at Sanguem in Criminal Case No.14/AOA/2013, by which the learned Magistrate had held that the confessional statement of the respondent, recorded by a Deputy Range Forest Officer is admissible in evidence.

4. The brief facts are that the respondent is the original accused no.1. On 14/11/2010, the respondent was intercepted and detained while driving a Tata Indica Vehicle bearing No. GA-02-S-0788 while he was proceeding from Netravali to Verlem. During the search of the said vehicle, two plastic bags containing meat of a wild boar were recovered. During the course of investigation, it was revealed that the wild boar was hunted by the third accused. A gun used in hunting the wild boar, with three cartridges was recovered from the house of the third accused, during a search on 15/11/2010. In such circumstances, the respondent and two others were put on trial for the offences punishable under Sections 39(1)(d) and 39(3)(a) of the Wild Life (Protection) Act 1972 (Act of 1972, for short) read with Section 27, Sections 52 and 51 of the Act of 1972.

5. It appears that during the course of the recording of the examination of PW2- Prabhudessai, an objection was raised on behalf of the respondent that the confessional statement recorded by the Deputy Range Forest Officer would not be admissible in evidence. The learned Magistrate, by order dated 27/03/2014, had overruled the objection, holding that the confessional statement was admissible. The learned Magistrate had placed reliance on the decision in the case of Forest Range Officer Vs. Aboobacker and another, reported in 1989 Cri.L.J. SC 2038 and E. C. Richard Vs. Forest Range Officer, reported in (1957)2 Mh.L.J. 624.

6. Feeling aggrieved, the respondent challenged the same before the learned Sessions Judge. The Revision Application came to be allowed, holding that the statement would not be admissible in view of the provisions of Section 50(8) of the Act of 1972. That is how, the State is before this Court.

7. It is submitted by Shri Rivankar, the learned Public Prosecutor that the Deputy Range Forest Officer is not a police officer and as such, the confession recorded by the said Officer would not be hit by Section 25 of the Evidence Act. He, therefore, submitted that independently the confessional statement recorded by a Deputy Range Forest Officer cannot be excluded as being inadmissible. Reliance is placed on the decision of the Kerala High Court in the case of Aboobacker(supra) and a Constitution Bench of the Hon'ble Apex Court in the case of Ramesh Chandra Mehta Vs. State of West Bengal, reported in 1970 CRLJ 863. It is submitted that although under Section 50(8) of the Act of 1972, the Deputy Range Forest Officer was not authorised or competent to record the confession, there is no prohibition in relying upon the said confession, particularly when the said Officer is not a Police Officer.

8. On the contrary, it is submitted by Shri Pavitran, the learned Counsel for the respondent that the Act of 1972 being a special enactment, would override the general provision for admissibility of the confession as contained in Section 25 of the Evidence Act. The learned Counsel has placed reliance on the decision of the Allahabad High Court in Harbans Singh and others Vs. The State, AIR 1952 All 179 in order to submit that the provisions of the Special enactment would prevail over the general. It is submitted that the learned Sessions Judge, after considering the provisions of Section 50(8) of the Act of 1972, has rightly come to the conclusion that the confessional sta