G.P.MATHUR, J. - (1.) The officers of Sals Tax Department conducted checking of a truck bearing No. DL-1-G-7901 at the Mohan Nagar barrier in district Ghaziabad in the night of 18th/19th Dec. 1999 and a bundle of cotton cloth was found there in 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. Information about the articles was sent to officers of Forest Department, Ghaziabad who arrived on the spot and seized the skin of animals under Section 50 of The Wild Life (Protection) Act, 1972 (hereinafter referred to as the Act). Pratap Chandra and Pappu Singh, driver and conductor respectively, of the truck were taken into custody. Thereafter Sewa Singh, Forester, lodged a F.I.R. at 23.15 hours on 19-12-1999 and on the basis of the same a case was registered as crime No. 915 of 1999 under Sections 9, 39(3), 44, 49, 50, 51, 57 and 58 of the Act at P.S. Sahibabad. The investigation of the case was subsequenlty transferred to Delhi Special Police Establishment by the order of the Central Government dated 21-3-2000. The petitioner Moti Lal, who is resident of Delhi, was thereafter arrested in connection with the aforesaid case on 18-9-2000. The present writ petition under Art. 226 of the Constitution has been filed praying that the investigation of the case being carried on by Central Bureau of Investigation (respondent No. 1) as against the petition be quashed and a writ of mandamus be issued directing the respondents to release the petitioner forthwith in the aforesaid case.
(2.) The principal submission of S/Sri Sidhartha Luthra and Sharad Varma, learned counsel for the petitioner is that the Central Bureau of Investigation has no authority to investigate an offence which is punishable under the Wild Life (Protection) Act, 1972 as it is a self-contained Code and neither the Code of Criminal Procedure nor the Delhi Special Police Establishment Act, 1946 (for short D.S.P.E. Act) empower investigation of such an offence by any outside agency except the one provided under the said Act. Sri Girdhar Nath, learned counsel for respondent No. 1 has submitted that the Wild Life (Protection) Act is not a self-contained Code providing for all matters relating to investigation, enquiry or trial of offences under the said Act and, therefore, the Central Bureau of Investigation which has been constituted under D.S.P.E. Act has the authority to investigate the offence in question.
(3.) Section 3 of D.S.P.E. Act empowers the Central Government to specify the offences or classes of offences which are to be investigated by Delhi Special Police Establishment by issuing a notification to that effect. Section 5 of the same Act empowers the Central Government to extend to any area including Railway areas in a State, not being Union Territory, the powers and jurisdiction of members of Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under Section 3 and when such an order is made, a member thereof may discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of a police force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. Section 6 requires the consent of the State Government to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in an area which is in a State. The Central Government issued a notification under Section 3 of the D.S.P.E. Act on 24-1-1996 whereunder Delhi Special Police Establishment has been empowered to investigate the offences punishable under Section 51 of the Wild Life (Protection) Act and also attempts, abetments and conspiracies in relation to or in connection with the aforesaid offence and any other offence or offences committed in the course of same transaction. The Government of Uttar Pradesh accorded consent under Section 6 of D.S.P. E. Act for the extension of powers and jurisdiction of the members of the Delhi Special Police Establishment in the investigation of the offences punishable relating to the seizure of skins of tiger and leopards, which has been registered as case crime No. 915 of 1999 under Sections 9, 39, 44, 48, 49, 50, 51, 57 and 58 of the Wild Life (Protection ) Act at P.S. Sahibabad district Ghaziabad by issuing a notification to that effect on 19-2-2000. Thereafter, theCentral Government exercising power under sub-section (1) of Section 5 of D.S.P.E. Act extended the powers and jurisdiction of the members of Delhi Special Police Establishment to the whole of the State of U.P. for investigation of case crime No. 915 of 2000 of P.S. Sahibabad by issuing a notification to that effect on 21-3-2000. Copies of these notifications have been filed as Annexures CA-3, CA-4 and CA-5 to the counter-affidavit. These notifications show that the Central Bureau of Investigation is empowered to investigate an offence under Section 51 of the Wild Life (Protection ) Act and its powers have been extended for investigating the offence in question namely, case crime No. 915 of 1999 of P.S. Sahibabad district Ghaziabad.;