JUDGMENT

S.K.SAHOO, J. - “The question is, are we happy to suppose that our grandchildren may never be able to see an elephant except in a picture book?” -David Attenborough

Elephants are considered to be nature’s unique masterpiece. People of our country worship the elephants as a form of Lord Ganesha. It is really bizarre that due to destruction of dense tropical forests which are the lungs of our planet and suitable habitat of these incredible animals, they are deprived of their foods and water resources. Even though the Elephant Census Report 2015 of Odisha released on 29.06.2015 indicates that population of elephants in Odisha increased from 1930 (recorded 2012 Census) to 1954 (recorded in 2015) but still large scale poaching of elephants in an organised manner mainly for ivory trade is causing an alarming situation. Such activity is no less than a violent and brutal crime.

2. The petitioner Afjal Baig in all these three bail applications i.e. BLAPL No.2002 of 2015, BLAPL No.2024 of 2015 and BLAPL No.3230 of 2015 has got a number of cases of elephants poaching in his credit. It appears on record that he is the real criminal mastermind behind all these crimes who utilises others for this purpose and indulges himself in illegal trading of ivory for making huge profit.

(i) BLAPL No.2002 of 2015 has been filed in connection with CID, CB, Odisha, Cuttack P.S. Case No. 20 dated 15.10.2014 registered under Sections 429, 379, 120-B read with Section 34 of Indian Penal Code and Sections 25 and 27 of Arms Act, 1959 and Section 51 of the Wild Life (Protection) Act, 1972 corresponding to G.R. Case No. 2493 of 2014 pending in the Court of learned S.D.J.M., Sambalpur.

The petitioner’s prayer for grant of bail was turned down by the learned 1st Addl. Sessions Judge, Sambalpur vide order dated 03.02.2015 in Bail Application No.64/26 of 2015.

(ii) BLAPL No.2024 of 2015 has been filed in connection with CID, CB, Odisha, Cuttack P.S. Case No. 3 dated 20.2.2014 registered under Sections 429, 379, 120-B of Indian Penal Code and Sections 25 and 27 of Arms Act, 1959 and Section 51 of the Wild Life (Protection) Act, 1972 corresponding to G.R. Case No. 117 of 2014 pending in the Court of learned S.D.J.M., Kuchinda.

The petitioner’s prayer for grant of bail was turned down by the learned Addl. Sessions Judge, Kuchinda vide order dated 03.04.2015 in Bail Application No.45 of 2015.

(iii) BLAPL No.3230 of 2015 has been filed in connection with CID, CB, Odisha, Cuttack P.S. Case No. 4 dated 20.2.2014 registered under Sections 429, 379, 120-B of Indian Penal Code and Sections 25 and 27 of Arms Act, 1959 and Section 51 of the Wild Life (Protection) Act, 1972 corresponding to G.R. Case No. 118 of 2014 pending in the Court of learned S.D.J.M., Kuchinda.

The petitioner’s prayer for grant of bail was turned down by the learned Addl. Sessions Judge, Kuchinda vide order dated 09.06.2015 in Bail Application No.78 of 2015.

BLAPL No.2002 of 2015

3. On 15.10.2014 one Santosh Joshi, Divisional Forest Officer, Sambalpur Forest Division lodged a First Information Report before the Superintendent of Police, CID, CB, Odisha, Cuttack stating therein that an information was received on 25.07.2014 by the Range Officer, Padiabahal Forest Range and Forester, Badasahir Section that a wild male elephant was found dead in Kendrapat Reserve Forest near Dudkakud village of Padiabahal Range. On verification, a wild male elephant was found lying dead below the boundary line of Kendrapat Reserve Forest on 25.07.2014 and both the tusks were found cut and removed. The carcass of the elephant was seized and U.D. Case No. 06 of 2014-15 was registered by Sri Ramesh Chandra Padhi, Forester of Badasahir Section.

Autopsy was conducted on the carcass on 26.7.2014 by the Block Veterinary Officer of Jujumara Block. Forensic experts of State Forensic Science Laboratory, Rasulgarh, Bhubaneswar and R.F.S.L., Sambalpur arrived near the carcass on 26.7.2014 and collected necessary samples and also furnish