The court emphasized the gravity of offenses under wildlife protection laws, highlighting the availability of prima facie evidence as a significant factor in denying pre-arrest bail.

ORDER

Apprehending arrest in connection with O.R. No. 12 of 2021 of Pattikad Forest Station the petitioners who are arraigned as the accused have moved this application for pre- arrest bail. They along with four others, are alleged to have committed offences punishable under Sections 2 (16), 2(32), 9, 39(1)(a)(b)(d), 3(a)(b)(c), 50, 51(1) and 57 of the Wildlife (Protection) Act, 1972 and Sections 7 , 24 and 55 of the Biological Diversity Act, 2002 .

2. The prosecution has alleged that the accused were found in unauthorized possession of 19 kgs. of 'ambergris' on 09.07.2021 by the forest officials near Kajah Resort kept for the purpose of sale in black market. The same is included in Serial No.5A in Schedule II Part II of Wildlife (Protection) Act and is coming under protected species. It was seized from the possession of the petitioners by the forest officials. But they could apprehend only accused Nos.1,2 and 3. The value of the same in black market is Rs.30 Crores and the sale of 'Ambergris' which is used for making perfumes is prohibited by law. Now the investigation of the case is only proceeding as the some of the accused have not been apprehended so far.

3. According to the learned counsel for the petitioners, they have been falsely implicated in the case. Hence, this application for pre-arrest bail.

4. But this application is vehemently opposed by the learned Public Prosecutor. It is contended that the the article seized by the forest officials is of an endangered species and the approximate value per kilogram would be Rs.3,00,000/- to Rs.4,00,000/-.

5. The materials so far collected by the investigating agency would show that 'Ambergris' is a solid waxy substance originated in the intestines of the sperm whale, an endangered marine mammal and a very costly item, was recovered from the petitioners. Definitely the source has to be traced out as it has been called as the treasure of the sea and floating gold. Some of the accused persons have not been apprehended including these petitioners and therefore, the investigation of the case has not been completed so far.

6. According to the learned counsel for the petitioners, they have been falsely implicated in the case. But the materials so far collected by the investigating agency would show that there is a strong prima facie case against this petitioner. Moreover the allegations levelled against him are grave and serious in nature. Therefore, I am not inclined to grant pre-arrest bail as this is not a fit case in which pre-

arrest bail can be granted in favour of the petitioner.

Hence, the bail application is dismissed. The petitioners have to well surrender before the investigating officer at the earliest and co-operate with the investigation of the case.