Heard the learned Counsel for the applicants and the learned A.P.P. for the State.

This is an application filed by the applicants seeking anticipatory bail in P.O.R. No.45/14, registered with the Conservator of Forest, Amravati for the offence punishable under Section 51 of the Wild Life Protection Act, 1972 (‘the Act of 1972’ for short) in relation to violation of Sections 9, 39(3)(a) (b)(c), 44(1)(b), 48(a), 49, 49-B( 1)(b).

At about 9:00 p.m. of 17/07/2016, the Forest Officers received an information that some people having illegally captured a wild animal, listed in the Schedule to the Act of 1972, killed it, cooked its meat and consumed it as food in a party organized in one agricultural field situated within the precincts of village Pimpalbhuta, District Amravati. After making necessary preparations for conducting raid, which took about 3 to 4 hours, the search team visited the agricultural field in the early hours of 18/07/2016 i.e. at about 01:00 a.m. and stumbled upon a few empty liquor bottles, animal bones and pieces of leftover meat strewn in front of a hut erected in the field. The team also found one person Maroti Waghmare as present in the field. Upon inquiry, he told the members of the team that he was the caretaker of the field. When questioned more intensely, he spilled the beans giving all the details of what happened there in the evening of 17/07/2016. His disclousure revealed several such things as pointing out commission of a wild life offence. They were, in brief, thus - the field was owned by father of applicant No.1; that applicant No.1 was there in the field since morning; that he told him that 5-6 persons from Amravati were going to descend on the field by evening, carrying with them ‘Ghorpad’, a wild animal commonly known in English as Monitor Lizard, for being feasted on in a party that was to be held in the field later in the evening; that he was asked by applicant No.1 to make necessary preparations for cooking of the meat of the Monitor Lizard; that by 06:00 p.m. or 06:30 p.m. about 6-7 persons reached the field traveling in two separate cars; that by these cars, one dead Monitor Lizard and some other articles required for its cooking and also a few liquor bottles were brought to the field and that the Monitor Lizard was then de-skinned, cut into smaller pieces, cooked and consumed by all these persons including both the applicants and said Maroti Waghmare. The statement of Maroti Waghmare was accordingly recorded by the Forest Officers and wild life crime was registered. Panchnama was drawn out and further investigation was carried out. It disclosed involvement of both these applicants. Now their custodial interrogation is being sought by the Forest Officers.

Shri Kurekar, learned Counsel for the applicants, submits that except for the statement of the co-accused, there is no evidence available on record showing prima facie involvement of the applicants in the crime registered against them and others. He submits that the statement of the co-accused cannot be considered as evidence recorded under Section 50(9) of the Act of 1972, as it has not been taken in the presence of these applicants. He further submits that since the bones, pieces of leftover meat, cooking articles, knife, axe and other relevant material have already been seized, the custodial interrogation of the applicants would not be required. He also submits that both the applicants are respectable persons of Amravati having roots in the society and do not have any criminal antecedents. Thus, he urges that both the applicants be released on anticipatory bail.

The learned A.P.P. for the State strongly opposing the application submits that the offence prima facie committed by the applicants is of a very serious nature having its repercussions on the interest of the society. He further submits that custody of the applicants is required as they have not revealed the source from where the Monitor Lizard was brought and who captured