BADRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the petitioner as also learned Public Prosecutor for the State. The petitioner is charged to have committed offence under Sections 27, 29, 31, 39, 50 and 51 of Wild Life (Protection) Act, 1972.

(2.) It is given out by learned Counsel Shri Balwada that F.I.R. was lodged on 22/12/1983, and the petitioner was transfered from Sariska to Sawaimadhopur on 17/1/1987 and was released to join only on 10/4/1989. It is submitted that during all this period, even though F.I.R. was filed on 22/12/1988, no action was taken against the petitioner. It is also submitted that no recovery has been made so far, regarding his involvement in selling of skins and bones etc. Shri S.C. Sharma, learned Public Prosecutor states that from the statement, of eye-witnesses Han Singh, Ashok Kumar Sharma and Babulal, it is clear that the petitioner is in collusion with gang which does business of illegal sale of skins and bones. This is also mentioned by Surjan Singh another witness. This court had directed on 6/6/1989 that the petitioner will appear before the concerned authorities for interrogation and on summons he had appeared and given in writing that he is prepared to come for interrogation at any time. However, till today, he has not been interrogated as there is nothing in the case diary.

(3.) The statements of Han Singh, Ashok Sharma and Babulal which were recorded after the direction of this Court. I do not find any justification for not taking any action against the petitioner from 22/12/1988 till 30/5/1989 when this application was filed for grant of bail under the provisions of Section 438 of the Criminal Procedure Code.