* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27^th March, 2025 Pronounced on: 30th April, 2025 + CRL.A. 403/2025 STATE Through Additional Public Prosecutor Delhi High Court, New Delhi .....Petitioner Through: Ms. Rupali Bandhopadhya, Additional Standing Counsel with Mr. Abhijeet Kumar, Advocate versus

1. NAND KUMAR @ NANDU S/o Bhaiya Ram, R/o G-332, Sunil Dairy, Wazirpur, JJ Colony, New Delhi .....Respondent No. 1

2. NARESH KUMAR S/o Rai Singh, R/o 16/286, Dakshinpuri New Delhi .....Respondent No. 2 Through: Mr. Gautam Khazanchi and Ms. Suruchi Jaiswal, Advocates for Respondent No.2 CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

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1. The Appellant/State has preferred an Appeal under Section 378(1) Cr.P.C being aggrieved by the acquittal of the Respondents/Accused in FIR No. 35/2010, under Sections 39/49/49B(1)/51/52 Wildlife (Protection) Act, 1972, P.S. Special Cell (Lodhi Colony), vide judgment dated 11.09.2019.

2. Briefly stated, on the basis of secret information received by Inspector Vivek Tyagi about illegal sale of animal skin, a raiding Team of SI Vinay Tyagi, SI Abhinash, ASI Dinesh, HC Anil, HC Pradeep Kumar, Constable Sat Prakash, lead by him was formed.

3. The Raiding team along with the secret informer reached Birla Mandir Red light, Kali Bari Marg, New Delhi. The Respondents/Accused persons came in an Indica Car bearing no. HR-55 DT 6580, which was driven by Naresh Kumar, while the other two accused Ashok Kumar and Nand Kumar @

Nandu, were sitting inside the car.

4. Head Constable Pradeep Kumar posed as a decoy customer to negotiate the deal. Nand Kumar picked out a polythene bag from the car and handed it over to accused Ashok Kumar, who showed one uncured baby leopard skin having brown colour and black spots.

5. On getting the signal, the raiding party overpowered and apprehended the Respondents, who failed to produce any legal document or any authority to possess, keep or deal with the skin. The skin was seized vide Memo Ex. PW1/A dated 06.07.2010. FIR No. 35/2010, under Sections 39/49/49B(1)/ 51/52 of Wildlife (Protection) Act, 1972 Police Station Special Cell Lodhi Colony, was registered.

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6. After investigation, the Complaint was filed in the Court of learned ACMM. Cognizance was taken and all the Respondents were summoned vide Order dated 20.08.2010.

7. Five witnesses, namely PW-1 HC Pradeep Kumar; PW-2 IO /Inspector Vivek Tyagi; PW-3/SI Yudhbeer Singh, PW-4/SI Vinay Tyagi and PW-5/WLI V.B. Dasan were examined in pre-charge evidence.

8. Thereafter, Charge under Section 39/49/49(B)(1)/52 read with Section 51 Wild Life Act was framed against the accused Naresh Kumar and under Section 49/49B (1)/52 against accused Ashok Kumar and Nand Kumar for being found in possession and dealing in baby leopard skin (uncured) without having any valid license or document.

9. All the five Complainant’s witnesses were recalled in post charge evidence and were duly cross-examined by the Counsel for the Respondents. Thereafter, their Statements under Section 313 Cr.P.C. read with 281 Cr.P.C.

was recorded, in which they took the plea of false implication.

10. The learned ACMM vide Judgment dated 12.04.2017 convicted the respondents. However, on challenge, the learned ASJ set aside the judgment and remanded it to ld. MM for reconsideration.

11. The learned ACMM again convicted the Respondents vide Judgment dated 11.04.2018, the second time. This was followed by challenge before the learned ASJ, wherein the matter was again remanded back for re-appreciation of the evidence by the learned ACMM.

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12. This third time, the Respondents were successful and accused Naresh and Nand Kumar @ Nandu were acquitted by Ld. MM. vide Judgment dated

11.09.2019.

13. Aggrieved by the acquittal vide Judgment dated 11.09.2019, the present Appeal un