The Bombay High Court has granted anticipatory bail to the accused for hunting prohibited animals namely ball pythons, a golden child retic, three striped mud turtles, an Indian Star Turtle, Marmoset Monkey, and an Iguana.
The bench of Justice R.N. Laddha has observed that under Section 51 of the Wild Life (Protection) Act, 1972, this violation is punishable for imprisonment for a term upto three years, a fine extended to Rs.1 lakh, or both. It is acknowledged that the applicant was not present during the alleged raid.
On 10 November 2024, based on confidential information received, a raid was carried out at Flat No.806 in the B wing of the Savanna Building near Experia Mall, Dombivli, Thane. The search uncovered the captive state of six ball pythons, a golden child retic, three striped mud turtles, an Indian star turtle, a marmoset monkey, and an iguana. These animals were subsequently seized, leading to the registration of the crime.
Dr Sujay Kantawala, on behalf of the applicant, contended that the respondents’ officers forcibly entered a premises without legal authorisation, which the applicant neither owns nor occupies. The applicant was not present during the alleged search, and the animals in question do not belong to him.
Emphasising the applicant’s innocence, Dr Sujay Kantawala submitted that the applicant has been falsely implicated in the present crime. The applicant is willing to cooperate with the investigation and comply with any conditions set by this Court.
The department, while opposing the request for pre-arrest bail, contends that the offence is serious as the applicant’s former wife licensed the flat, and the applicant attested the leave and license agreement as a witness. If the applicant is released on bail, he may tamper with the evidence or influence the witnesses.
The court found that the applicant merely attested to the document as a witness, which in itself does not suggest his involvement in the crime. At this stage, the material on record does not prima facie incriminate the applicant in the present crime. The animals have been seized and it is reported that the animals have been relocated as required by law.
The court held that in the event of the applicant’s arrest in connection with Forest Offence Report, he shall be released on bail upon executing a PR Bond of Rs.25,000 and furnishing one or more sureties in the like amount.
Case Details
Case Title: Faizan Khan Versus Assistant Chief Conservator of Forests
Case No.: Anticipatory Bail Application No.3094 of 2024
Date: 25 November 2024
Counsel For Applicant: Dr Sujay Kantawala
Counsel For Respondent: Ms Supriya Kak
