Jagdish Singh v. state of Bihar

  (1985 Cr.L.J. 1314), Patna High Court

(S.N. Jha J.,)

 Wild Life Protection Act: Section 51

Rs. 50 penalty for killing a Baison

 The petitioner file the present appeal against the order of trial court which convicted and sentenced imprisonment of 3 months.

The facts of the case tells the story that when Wild Life Warden with Staff patrolling in BetlaReservedForest found the petitioners killing the Biason. Then the Wild Life Warden prepared the seizure list and arrested petitioner and filed the case before the sub-divisional magistrate and charged under Section 51 Wild Life Protection Act. Against this order the petitioners prepared an appeal before Sessions Judge. The petitioner contended that the wild life warden has no jurisdiction to file a complaint but the Chief Wild Life Warden or any authorized under the Act by the State Government.

However, the respondent argued that any officer authorized by the State Government to file a complaint in quite competent under the Act.

Rule 31 of 1973 Rules framed by the State Government provides jurisdiction divisional forest officer and deputy conservator of Forest also have the power to file a complaint apart from Chief Wild Life Warden.

In this case complaint was filed after obtaining sanction from Divisional Forests Officer who has authorized to file the complaint. Finally the court held that the petitioner’s have no force in their submission. But the Court observed that as occurrence took 10 years ago. So no fruitful purpose would be served in sentencing them who are on bail. The court altered 3 months imprisonment in to fine only of Rs. 50 each petitioners.