Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Wild Life (Protection) Act, 1972

Wednesday, March 14, 2012
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Sections 50(1)(c), 50(3A) and 50(4) — The property seized under Section 50(1)(c ) and Section 50(3A) has to be dealt with by the Magistrate according to law — This is made clear by Section 50(4) which provides that things seized shall be taken before a Magistrate to be dealt with according to law.

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 54(2) — Wild Life (Protection) Amendment Act, 2002 — Does the provision in new Section 54(2) authorize the empowered officer to order forfeiture of seized property to the State Government? — Held, no.

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 54(2) — Effect of composition of offence — Held, Section 54(2) provides that on payment of money to the empowered officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person — In terms of sub-section (2) of Section 54, therefore, on composition of the offence, the suspected person is saved from criminal prosecution, and from being subjected to further proceedings in respect of the offence. 

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 54 — Composition of the offence under Section 54 of the 1972 Act is not during the course of trial or in the trial of a compoundable offence — Compounding under Section 54 is a departmental compounding and does not amount to an acquittal.

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 39(1)(d) — Held, Section 39(1)(d) does not get attracted where the items, suspected to have been used for committing an offence, are seized under the provisions of the Act — It is implicit in Section 39(1)(d) that for this provision to come into play there has to be a categorical finding by the competent court of law about the use of seized items such as vehicle, weapon, etc. for commission of the offence.

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 50(1)(c) r/w Section 50(4) — Items seized in exercise of the power under Section 50(1)(c) — Held, the seized property has to be dealt with by the Magistrate under Section 50(4) of the 1972 Act — The respondent nos. 1 to 3 must accordingly apply to the concerned Magistrate for the return of seized items who obviously will consider such application according to law.

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 54(1) — Wild Life (Protection) Amendment Act, 2002 — Whether a specified officer empowered under Section 54(1) of the Wild Life (Protection) Act, 1972 as amended by the Wild Life (Protection) Amendment Act, 2002 (Act 16 of 2003) to compound offences has power, competence and authority, on payment of a sum of money by way of composition of the offence by a person who is suspected to have committed offence against the Act, to order forfeiture of the seized items? — Held, no — Neither Section 54(2) of the 1972 Act by itself nor Section 54(2) read with Section 39(1)(d) or any other provision of the 1972 Act empowers and authorizes the specified officer under Section 54, on composition of the offence, to deal with the seized property much less order forfeiture of the seized property used by the person suspected of commission of offence against the Act.

 
Friday, March 14, 2008
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Sections 50(1)(c) and 39(1)(d) — Whether a vehicle or vessel etc. seized under Section 50(1)(c) of the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act') is put beyond the power of the Magistrate to direct its release during the pendency of trial in exercise of powers under Section 451 of the Code of Criminal Procedure, 1973? — Held, no — Provisions of Section 50 of the Act and the amendments made thereunder do not in any way affect the Magistrate's power to make an order of interim release of the vehicle under Section 451 of the Code — Provisions of Section 39(1)(d) cannot be used against exercise of the Magisterial power to release the vehicle during pendency of the trial.  

 
Saturday, August 11, 2007
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Sections 50(1) and 39 — Criminal Procedure Code, 1973, Section 457 — Property seized by Forest Authorities under the Act, held, becomes the property of the Government — Therefore, Magistrate, held, cannot release the same by resorting to Section 457 of Cr.P.C. — Section 457 of the Code has no application because it relates to only when a police officer produces the said property before the magistrate — The officials under the Act are not police officials.

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 50(1), Section 50(4), omitted sub-section (2) of Section 50 and Section 50(3A) — Criminal Procedure Code, 1973, Section 451 — Application for temporary release of custody — Under sub-section (1), the power for giving temporary custody subject to the condition that the same shall be produced if and when required by the magistrate is indicative of the fact that the Magistrate can pass appropriate orders in respect of the purported seized property which is taken before him — Magistrate, however, has to intimate Chief Wild Life Wardon or the officer authorised in this regard as to the action to be taken by him so as to give concerned official an opportunity of placing relevant materials on record before the Magistrate passes any order relating to release or custody.  

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 50(1) — Under sub-section (1) of Section 50 for the purpose of entry, seizure, arrest and detention the official has to form the belief on reasonable grounds that the person has committed an offence under the Act — The Magistrate is, therefore, required to consider these aspects while dealing with the application as noted above–It cannot be a routine exercise.

 
Wild Life (Protection) Act, 1972

Wild Life (Protection) Act, 1972 — Section 39 — Mere seizure of the property without any material to show that the same has been used for committing an offence does not make the seized property, the property of the Government — The twin conditions are that the vehicle etc. must have been used for committing an offence and has been seized. 

 
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