Point of Law: Exercise of inherent power under Section 482 CrPC is an exception but not a rule

JUDGMENT :

Heard Mr. T. Chezhiyan, learned counsel for the petitioner as well as Mr. S.C. Keyal, learned Standing Counsel, Customs. Also heard Mr. P.N. Goswami, learned Addl. Advocate General, Assam representing rest of respondents.

2. On 28.07.2020 at around 11.00 PM while performing regular night patrolling duty with other staff of the Lailapur Sub-Beat on NH 54 Highway nearby Lailapur Forest Sub-Beat Office Check Point area where each and every vehicle coming from the Mizoram State towards Assam was checked jointly with the police personnel of Dholai Police Station, Dholai, a vehicle bearing Regd. No.TS-08-UB-1622 was stopped then suddenly an unpleasant odour was smelled from the well packed carton/container kept inside the said vehicle. The patrolling team decided to physically check all the well packed cartons. On physical inspection, they found 8 nos. of cartons and on opening the cartons, live wild animals like – (1) Kangaroo – 01 (One) No.; (2) Tortoise – 03 (Three) Nos.; (3) Blue Macaws – 06(Six) Nos. and (4) Exotic Monkey – 02 (Two) Nos. were found inside the iron cage/pinjira without valid license or legal documents. The driver of the vehicle No.TS-08-UB-1622 was asked to furnish valid permit but he failed to produce proper documents against the transportation of the wild animals which was suspected wild life offence under Section 44, 48A, 51 of the Wild Life (Protection) Act, 1972 and hence, they (police personnel/forest officials) detained 2 persons i.e. the driver and one another person were arrested and seized the live wild animals along with the vehicle. Thereafter, both the seized animals and the said vehicle were taken to the Range HQ campus, Dholai for safe custody and for drawing wildlife offence case under Wild Life (Protection) Act, 1972 as per departmental procedure and registered as DH/WL/01 of 2020-2021. On the next day on 29.07.2020, the petitioner and other person were produced before the learned Chief Judicial Magistrate, Cachar, Silchar along with a Forwarding Report dated 31.07.2020 and accordingly C.R. Case No.111/2020 was registered under Section 44/48A/51 of Wildlife (Protection) Act, 1972 and as there was no rescue-cum-rehabilitation facilities available at Range Head Quarter, Dholai, the said animals were transferred to Assam State Zoo-cum-Botanical Garden for proper care and custody. In the Forwarding Letter dated 31.07.2020, the Forest Range Officer, Dholai while forwarding the seizure list, accused statement, arrest memo and all other relevant documents, it is mentioned that all rescued animals are exotic and some falls under the category of CITES’ Schedule-I animal and none of the animals fall under the Wild Life (Protection) Act, 1972 and the offence was registered as suspected under WPA Act.

3. On 30.07.2020, after receipt of the wild animals, the Divisional Forest Officer, Assam State Zoo Division wrote to the Divisional Forest Officer, Cachar Forest Division, stating that some of the animals may perhaps have been misidentified and recommended that proper scientific investigation should be conducted to identify their complete family/species/sub-species. He also expressed an apprehension that it was very likely that these animals were being subjected to illegal smuggling and trade. It was also stated that until the animals could be properly classified, they may be dealt with under the provisions of the Act of 1972.

4. On further investigation that is on 03.08.2020, several more animals and animal articles (including Tiger Claws) was recovered, which were restricted Schedule-I animals and another seizure list was prepared and placed before the learned CJM, Cachar. The said tiger claw has been sent to the FSL for examination.

5. The Range Forest Officer, Hawaithang Range, Dholai in the accused forwarding report given to the learned CJM, Cachar it is submitted that all the rescued animals are exotic hence fall under the category of CITES and none of the seized animals come under the provision o