COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Wildlife Preservation

STATE OF BIHAR v. MURAD ALI KHAN

AIR 1989 SC 1
RANGANATH MISRA and M. N. VENKATACHALIAH JJ.

Introduction

In a written complaint filed in the Magistrates Court by a Range Forest Officer under the Wildlife (Protection) Act of 1972, it was alleged that the accused had shot and killed an elephant in a range forest and had removed the tusks. The Magistrate ordered issue of process against the accused, even though investigations by the police were in progress in relation to the same offence. The High Court of Patna quashed the order of the Magistrate and the present special leave petitions were taken up for hearing by the Supreme Court against the findings of the High Court.

Legislative Framework

Wildlife Protection Act 1972 - Sections 9(1), 51 and 55. Criminal Procedure Code - Section 210(1), 482.

Held

Section 9(1) of the Act provides that no person shall hunt any wild animals specified in Schedule 1. An elephant is included in Schedule 1. Violation of section 9(1) is an offence under section 51(1) of the Act. Section 55 of the Act specifies that no court shall take cognisance of any offence against this Act except on the complaint of the Chief Wildlife Warden or such other officer as the state government may authorise in his behalf.

The Supreme Court held that it could not be said that the Magistrate acted without jurisdiction in taking cognisance of the offence and ordering issue of process against the accused, merely because an investigation by the police was in progress in relation to the same offence.

Cases Cited

AIR 1983 SC 67:(1983) 1 SCR 884: 1983 Cri LJ 159
AIR 1983 SC 158: (1983) 1 SCR 895 :1983 Cri LJ 172
Jeffiers v. United States (1977) 532 US 137: 53 Law Ed 2d 168:
AIR 1961 SC 578:(1961)3 SCR 107: 1961 (1) Cri Lj 725
AIR 1958 SC 119: 1958 SCR 822: 1958 Cri Lj 260
AIR 1957 SC 458: 1957 SCR 423: 1957 Cri Lj 575
AIR 1957 SC 592: 1957 SCR 868: 1957 Cri LJ 892
AIR 1952 SC 149: 1952 SCR425: 1952 Cri Lj 832(1931) 284 IS 299:
Blockburger v. United States 76 Law Ed 306