INDRAJIT CHATTERJEE,J. - (1.) This is an application under Section 438 of the Code of Criminal Procedure as filed by the accused/petitioner Ghazanfar Hussain praying for his release on anticipatory bail who is apprehending his arrest in connection with the CR Case No. 726 of 2013 dated 23.12.2013 under Sections 9, 39, 44, 48A, 49, 50, 51 and 57 of the Wild Life (Protection) Act, 1972 which is now pending before the Learned Additional Chief Judicial Magistrate, Siliguri within the District of Darjeeling.
(2.) IT was submitted by the Learned Lawyer appearing on behalf of the petitioner that the present accused stands on the same footing with accused Dr. Santosh Kumar who was released on anticipatory bail by a bench of this Hon'ble Court in connection with CRM No. 2045 of 2014 as per order dated 06.03.2014, that the accused is no way involved in this case and that he may be released on anticipatory bail keeping in parity with accused Dr. Santosh Kumar. Learned Lawyer appearing on behalf of the State has produced the case diary and has opposed the prayer for bail. It was also his submission that there is every chance of absconsion of this accused who is a man of Kishanganj, Bihar. It was his further argument that this accused is evading arrest since long and in fact warrant of arrest had to be issued against the present petitioner in the present name and also in other name as Md. Anwar Ahmed. It was his submission that this accused is involved in a racket of wild - life articles and he is in possession of huge quantity of articles like Rhino horn, Elephant tusk etc.
(3.) WE have gone through the case docket. The fact reveals that on a tip of the Forest Department Officials came to know that a consignment of some reptiles would be transacted at a very high price near the main gate of Uttarayan Complex on NH -31, District -Darjeeling and the officers reached there on 22.12.2013 at about 3:00 p.m. and stopped two vehicles having registration Nos.BR -11 TCA -2166 and WB -74 TC - 7981. There were two persons in each vehicle. They got down and started bargaining with the other clients to dispose of some materials. The team of the Forest Department encircled those four persons and from the dicky of the car having registration No.BR -11 TCA 2166 one Red Sand Boa (Eryx Johnii) was recovered which was kept in a plastic container with earth. It is needless to say that such a reptile is one endangered species and one protected animal under the Wild Life (Protection) Act, 1972.;