P.N. Prakash, J.

1. This Criminal Original Petition has been filed seeking to call for the entire records in respect of the case registered by the respondent in W.L.O.R. No. 3/2014 dated 01.07.2014 and quash the same.

2. On intelligence, the officials of the Forest Department searched the residence of V.S. Gunaseelan (the petitioner herein) on 01.07.2014 around 9 a.m. and seized various animal articles and trophies like elephant tusks, tiger teeth, elephant teeth, cheetah skins, tiger skins, deer skins and other materials, the possession of which, without valid licence, is an offence under the Wild Life (Protection) Act, 1972 (for brevity "the Act"). Gunaseelan was arrested and was produced before the Judicial Magistrate No. II, Pollachi, who remanded him to custody. Later, he was released on bail. Challenging the prosecution, Gunaseelan is before this Court.

3. Heard Mr. K.M. Srirangan, learned counsel, appearing for the petitioner and Mr. C. Emalias, learned Additional Public Prosecutor appearing for the respondent.

4. At the outset, Mr. K.M. Srirangan, learned counsel, relying on Section 55(c) of the Act, submitted that the search was conducted on 01.07.2014 and till date, no complaint has been filed by the officials before the competent Court and hence, the prosecution is barred by limitation.

5. To appreciate his contention, it may be relevant to extract Section 55 of the Act as under:

"55. Cognizance of offences: No Court shall take cognizance of any offence against this Act except on the compliant of any person other than:-

(a) the Director of Wild Life Preservation or any other officer authorised in this behalf by the Central Government;

(aa) Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IV-A;

(ab) Member-Secretary, Tiger Conservation Authority; or (ac) Director of the concerned tiger reserve;

(b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government subject to such conditions as may be specified by that Government;

(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38-J;

(c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Central Government or the State Government or the officer authorised as aforesaid."

6. I am unable to persuade myself to agree with the submission of the learned counsel for the petitioner for the following reasons:

7. A bare reading of the above provision shows that, only the officers mentioned therein, can file a complaint against a person before a competent Court for violation of the provisions of the Act. Section 55(c) of the Act carves out an exception to clauses (a) to (bb) of Section 55 of the Act, inasmuch as, it empowers any other person to launch a prosecution, but, before launching a prosecution, he is required to give a notice of not less than 60 days to the Central Government or State Government or the officer authorised in clauses (a) to (bb) of Section 55 of the Act. Thus, Section 55(c) will not apply to the officers mentioned in Section 55(a) to (bb). In this case, the search and seizure has been conducted by Mr. Ravichandran, Forest Ranger, Pollachi Forest Range.

8. The State Government has issued the following notification in G.O.Ms. No. 63, Environment and Forests (FR 5) Department dated 05.07.2006 published in the Tamil Nadu Gazette dated 23.08.2006, Part II, Section 2, under Section 55(b) of the Act empowering the Forest Rangers to lay a complaint and the same reads thus:

"NOTIFICATION

In exercise of the powers conferred by clause (b) of Section 55 of the Wild Life (Protection) Act, 1972. (Central Act 53 of 1972) and in super-session of the Environment and Forest Department Notification No. 11(2)/EFR/6590/88 published at Page 359 in Part-II Section 2 of the Tamil Nadu Government Gazette, dated the 30th November 1988, the Governor of Tamil Nadu her