IMPORTANT POINT
Transportation of huge quantity of wild animal products – Sentence awarded by Court must be an example by way of deterrence for others—In such crimes, misplaced sympathy while awarding sentence can send a wrong message to society.

JUDGMENT

These two revisions arise out of Regular Criminal Case No. 236/2001 and therefore, they are being disposed of by the common judgment.

2. The applicant in Cri. Revision No. 82/2013 is the original accused no.1 and the applicant in Cri. Revision No. 83/2013 is the original accused no.2. In this judgment, they shall be referred by their nomenclature as accused no.1 and accused no.2.

3. Challenge in these revision applications is to the common judgment and order dated 23.05.2013, passed by learned Additional Sessions Judge, Nagpur in Criminal Appeal Nos. 88/2007 and 97/2007, whereby learned Judge has dismissed the appeals filed by accused nos.1 and 2 against the judgment and order of their conviction and sentence passed by learned Chief Judicial Magistrate, Nagpur in Regular Criminal Case No. 236/2001 dated 09.04.2007 for the offence punishable under Section 120-B of the Indian Penal Code read with Sections 49, 49-B and 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as “the Act of 1972” for short). Learned Chief Judicial Magistrate, on conviction of accused nos.1 and 2, had sentenced them to suffer rigorous imprisonment for six years and to pay fine of Rs.5,000/- each and in default of payment of fine, to suffer further rigorous imprisonment for one year.

4. The facts are as follows:

A secret information was received by Central Bureau of Investigation, Special Investigation Unit (SIU) No.II, New Delhi that accused nos.1 and 2 are indulging in illegal trade of Tiger skin and wild animal products. They are likely to deliver a huge quantity of wild animal products to unknown persons in Nagpur in the 3rd week of March, 2001. The information was recorded. On the basis of said information, the Superintendent of Police, CBI, Unit No.XI assigned the task to work out the information to PW4 Shri A.K. Bassi, Inspector. PW4 came to Nagpur. He maintained regular contact with the source/informer. On 21.03.2001, the informer informed PW4 that the accused are likely to deliver huge quantity of Tiger skin and wild animal products to unknown persons at 16.40 hours at M.H.K.S. Mohd. Ali Petrol pump, Nagpur. He further informed that they would be coming there in a Maruti car. PW4 made a written request to the Regional Labour Commissioner, Nagpur and Patent Information System, Nagpur for making services of two government servants available. The Labour Commissioner deputed Shri K.G. Sadawarte and Shri Umesh Bhosale to act as panch witnesses. The panchas came to the office of PW4 at Nagpur. PW4 apprised them about the information received by him and the proposed raid to apprehend the culprits.

5. PW4 briefed the panchas as well as other team members namely Inspector Jagdishprasad (PW6) and other staff from CBI office. They left for the spot at 2.45 p.m. They reached the spot at 3.15 p.m. PW4 and other team members laid a trap and took position at the petrol pump. At about 16.30 hours, the informer contacted PW4 and pointed out a silver colour Maruti Esteem car bearing registration No. MH-18/C-833 parked in the premises of the petrol pump. The informer told him that two persons were sitting in the car with the tiger skin and other wild animal products. PW4 along with panchas and other team members surrounded the car. They disclosed their identity to the occupants of the car. PW4 apprised the accused about the information received by him and for the said purpose they wanted to take search of the car. The accused got perplexed. On enquiry, they disclosed their names as Maqbool Ahmad S/o Khurshid Ahmed, r/o Warispura, Kamptee (accused no.1) ; and Rajesh Devidas Dube, r/o Parsipura, Kamptee, Dist. Nagpur (accused no.2). Accused no.1 was found sitting at the driver’s seat. Accused no.2 was sitting at the rear seat of the car. People gahered on the spot after noticing the commotion. PW4 made a request to some of themto act as witness in the case. One person by name Rambhau Mangruji Kuthe (PW1), working as Manager at the said pet