- (1.) The significant and important question raised in this appeal, by special leave, is : 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
(2.) The above question arises in this way. In the intervening night of July 24/25, 2004, at the Pothamsettipalli, Cross Roads, the vehicles were being checked by the Sub-Inspector of Police, Kulcharam Police Station, District Medak. In the course of the checking, at 2.45 a.m. a jeep bearing Registration No. AP - 12 - D 703 was also stopped and checked. The said jeep was occupied by the present respondent nos. 1, 2 and 3 and two other persons. On checking, the Sub-Inspector of Police found one gunny bag tied to the front side of the bumper of the jeep. The gunny bag had two bags inside; one bag contained a hunted wild boar and the other had three rabbits. The seizure panchnama was prepared immediately at 3.30 a.m. The jeep, a battery, a torchlight, dead animals and two rifles of foreign make fitted with telescope were seized. The persons (including respondent nos. 1 to 3 who were occupying the jeep) were taken into custody and a case (Crime No. 43 of 2004) was registered against them under Section 9 of the Wild Life (Protection) Act, 1972 (for short, 'the 1972 Act'). The Division Forest Officer, Medak was also immediately informed.
(3.) On July 25, 2004 itself, the Divisional Forest Officer, Medak recorded the statement of respondent nos. 1 to 3 and two other persons. They gave some explanation with regard to the gunny bag containing wild pig and three rabbits and the rifles in their possession but stated that the offence was done by them in ignorance and they were willing to pay money by way of composition of the offence.;