IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.07.2023 CORAM THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.20823 of 2021 &

Crl.M.P.No.11322 of 2021

1. M. Kottaiya

2. S. Sutharsan ... Petitioners Vs.

The State represented by the Forest Range Officer, Gummidipoondi, Forest Range, Madharpakkam (BDOR No.8 of 2021) ... Respondent PRAYER: Criminal Original Petition filed filed under Section 482 of Cr.P.C., to call for the records in Crime BDOR No.8 of 2021 on the file of the respondent Forest Range Officer and quash the same.

For Petitioner : Mr.V. Krishnamoorthy For Respondents : Mr.L. Baskaran Government Advocate

O R D E R

This Criminal Original Petition is filed seeking to call for the records in Crime BDOR No.8 of 2021 on the file of the respondent Forest Range Office and to quash the same.

2. The learned counsel for the petitioners submitted that the petitioners were prosecuted by the respondent police for the offences alleged under sections 7, 55(2) and 58 of Biological Diversity Act, 2002 in Crime BDOR No.8 of 2021. The petitioners were arrayed as A1 and A2.

3. The learned counsel for the petitioners submitted that the A1 while supplying Polychaete worms weighing 4 kg to A2 on 4.09.2021, the defacto complainant/Forest Range Officer, Gummidipoondi Forest Range, Madharpakkam arrested them and seized 4 kgs of Polychaete. Pursuant to which, a complaint was registered against the petitioners for the offences under sections 7, 55(2) and 58 of Biological Diversity Act, 2002 in Crime BDOR No.8 of 2021 and now the case is pending investigation. He further submitted that the criminal proceedings will not be attracted to the petiitoners, as A1 procured Polychaete worms for A2 for the purpose of feeding the shrimp. It will not come under the definition of criminal utilisation. Therefore, no offence is made out. Hence the complaint is liable to be quashed . Thus he prayed for allowing of this Revision Petition.

4. The learned Govt. Advocate (crl.side) submitted that A1 gave a confession statement, in which, it was clearly stated that he procured the polychaete worms for selling A2 and while handing over that polychate worms on 04.09.2022, it was seized by the Forest Department. As per section 7 of the Act, only local perople and local communities are exempted from obtaining prior permission from the State Biodiversity Board, but A1 will not come under the category of 'local people' or 'local communities'. Hence, there is no ground for quashing the complaint. Sating so, he prayed for dismissal of this criminal original petition.

5. Heard both sides and perused the materials available on record.

6. On perusal of records, the fact reveals that on 04.09.2021 at about

6 p.m., while of Forester and Forest Guard of Gummidipoondi Forest Range were in duty at Elavur Forest Check Post, on suspicion, they checked two vehicles bearing Reg.No.TN-09-BL4114 and AP-27-BG-0228 parked near the check post and located 4 flexible bags of red polychaete worms weighing 4 kgs. Thereafter they brought the contraband along with two suspected vehicles to the Forest Range Office, Gummidipoondi Forest Range, Madharpakkam and arrested the accused persons. Based on the above, a case was registered in Gummidipoondi Forest Range in BDOR No.8 of 2021 under section 7 and 55(2) of the Biological Diversity Act, 2002 .

7. Further, the fact reveals that A2 runs Shrimp Hatchery at Mahabalipuram and the working worms were used in A2's hatchery. It is not disputed that the Polychaete worms weighing 4 kgs were seized by the respondent police, while it was handed over by A1 to A2 . As per the statement of A1 recorded in remand report, the Polychaete worms were used for for feeding shrimp hatchery run by A2.

Section 7 of Biological Diversity Act reads as follows;

"Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes. - No person, who is a citizen of India or a body corporate, association or organization which is registered in India, sh