MOTI LAL Vs. CENTRAL BUREAU OF INVESTIGATION
LAWS(SC)-2002-4-41
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
April 09,2002
MOTI LAL
Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION
Respondents
Referred Judgements :-
CENTRAL BUREAU OF INVESTIGATION ARVIND SINGH MEWAR VS. STATE OF RAJASTHAN [REFERRE]Cited Judgements :-
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JUDGEMENT
Shah, J. -
(1.)Leave granted.
(2.)The short question involved in this appeal is whether the Central Bureau of Investigation (CBI) was authorised to investigate an offence, which is punishable under the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Wild Life Act') as is contended that the said Act is a self-contained Code Before deciding the said question we would narrate brief facts of the case.
(3.)The appellant, who is resident of Delhi, was arrested in connection with the offence punishable under Ss. 9, 39(3), 44, 49, 50, 51, 57 and 58 of the Wild Life Act. It is alleged that the officers of the Sales Tax Department conducted checking of a truck at Mohan Nagar barrier in District Ghaziabad on the night of 18th/19th December, 1999 and a bundle of cotton cloth was found therein, which according to the documents, was being transported from Delhi to Siliguri. On opening the bundle, it was found that it contained 50 skins of leopard, 3 skins of tiger and 5 skins of jungle fox. On receipt of the said information, officers of the Forest Department, Ghaziabad arrived on the spot and seized the skins of animals under S. 50 of the Wild Life Act. Driver and the conductor of the truck were taken into custody and thereafter FIR was lodged and the case was registered as Crime No. 915 of 1999 under the Wild Life Act. By notification dated 21st March, 2000 issued by the Central Government, the investigation of the case was subsequently transferred to Delhi Special Police Establishment.
(2.)The short question involved in this appeal is whether the Central Bureau of Investigation (CBI) was authorised to investigate an offence, which is punishable under the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Wild Life Act') as is contended that the said Act is a self-contained Code Before deciding the said question we would narrate brief facts of the case.
(3.)The appellant, who is resident of Delhi, was arrested in connection with the offence punishable under Ss. 9, 39(3), 44, 49, 50, 51, 57 and 58 of the Wild Life Act. It is alleged that the officers of the Sales Tax Department conducted checking of a truck at Mohan Nagar barrier in District Ghaziabad on the night of 18th/19th December, 1999 and a bundle of cotton cloth was found therein, which according to the documents, was being transported from Delhi to Siliguri. On opening the bundle, it was found that it contained 50 skins of leopard, 3 skins of tiger and 5 skins of jungle fox. On receipt of the said information, officers of the Forest Department, Ghaziabad arrived on the spot and seized the skins of animals under S. 50 of the Wild Life Act. Driver and the conductor of the truck were taken into custody and thereafter FIR was lodged and the case was registered as Crime No. 915 of 1999 under the Wild Life Act. By notification dated 21st March, 2000 issued by the Central Government, the investigation of the case was subsequently transferred to Delhi Special Police Establishment.
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