Wildlife Offenders convicted under Money Laundering Act

Delhi: Special CBI Judge Santosh Snehi Mann has convicted two persons of committed an offence under sections 3 and 4 of the Prevention of Money Laundering Act. In the present case, the three accused persons were apprehended by a joint team of the Delhi Police Crime Branch, Maharashtra Forest Department and the Wildlife Crime Control Bureau, on the basis of information received on movement of wildlife offenders. After search and seizure, a sack containing uncured trophies of tiger parts, tiger nails and total cash worth Rs. 52,60,000 were recovered from the accused persons in September 2013.

https://www.livelaw.in/news-updates/convicts-wildlife-offenders-147994 

Shahtoosh shawl trader sentenced to 3 years imprisonment

In April 2012 a person from Jammu & Kashmir was detained at New Delhi airport with 13 shahtoosh shawls when he returns from Dubai and a case was registered under Wildlife Protection Act. The trial court now convicted the accused and sentenced him to undergo rigorous imprisonment for three years and a fine of Rs. 12,500/- for the offence u/s 49 of Wild Life (Protection) Act punishable U/s 51 of the Wildlife (Protection) Act, 1972. Convict is further sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 12,500/- for the offence u/s 49- B(1) of Wild Life (Protection) Act punishable U/s 51 of the Wildlife (Protection) Act, 1972. In default of payment of fine, the convict shall liable to further undergo simple imprisonment for three months. Both the sentences shall run concurrently.

Nepali national sentenced to five years imprisonment in tiger bone smuggling

In May this year a Nepali citizen from Humla district was arrested by CBI in Delhi for smuggling tiger bones which was procured from Lakhimpur Kheri district of Uttar Pradesh. Trial court had now convicted the accused and sentenced him to 5 years rigorous imprisonment and ₹50,000 fine.

Store manager sentenced for selling shahtoosh shawls

In December 2009, CBI had seized 3 shahtoosh shawls from Kashmir Govt Arts Emporium in Delhi and a case was registered under Wildlife Protection Act against its Manager. After the trial a court in Delhi was found guilty in accused and sentenced him to 3 years rigorous imprisonment and ₹50,000 fine.

Murder of constable and leopard skin seizure - main accused acquitted

In April 2016 during a raid in Uttarkashi district of Uttarakhand, a constable of Special Task Force of police was shot dead by illegal wildlife traders and police managed to seize a leopard skin and deer antlers. A case has registered against four persons, during the trial 3 accused were used the option of plea bargaining and court sentenced them to 1 year and 8 months imprisonment. Trial against main accused was concluded and Sessions Court had acquitted him.

Seizure of Molluscs, accused convicted in Haridwar

In August 2009 district police of Haridwar raided a shop and seized 123 Molluscs including 14 pieces of  Cassis cornuta which are listed under Schedule I of Wildlife Protection Act. A case has registered against shopkeeper, now a court in Haridwar district had convicted the accused and sentenced him to 3 years rigorous imprisonment and ₹10,000 fine.

Person caught with ivory piece convicted

In December 2012, Uttarakhand police seized an elephant ivory piece in Nainital district and arrested a person. After the trial a court in Nainital district had convicted the accused and sentenced him to 3 years rigorous imprisonment and ₹10,000 fine.

Three people convicted and sentenced to 5 years in leopard skins smuggling

In June 2001, Uttarakhand forest department had seized 6 leopard skins at Haridwar district and a case was registered against 5 persons. During the search of home at one of the accused, leg of barking deer, sambar antlers, porcupine quills and horns of Himalayan Tahr were also recovered. After the trial a court in Haridwar was convicted three persons and sentenced them to 5 years rigorous imprisonment and ₹15,000 fine each. The other two were acquitted.

Nepali citizen convicted in leopard skin seized case

In January this year SoG of Uttarakhand police arrested a Nepali national with a leopard skin in Pithoragarh distict, after the fast trial CJM court had convicted the accused and sentenced him to four years rigorous imprisonment and ₹10,000 fine.

Leopard skins seizure: Appeal filed by convict rejected

An appeal filed by the convict against the sentencing of three years imprisonment and ₹10,000 fine was rejected by Sessions Court in Panchkula, Haryana. The case was pertains to the seizure of 4 leopard skins by CBI in June 2016.

Tiger bone seizure: Five years imprisonment to 3 persons

In June 2015 Wildlife Crime Control Bureau and STF of Uttar Pradesh police were seized approximate 11 kg of tiger bones including 2 skulls from Bijnore district when they were investigating a previous wildlife crime case registered in Delhi on September 2013.  After the trial a court in Delhi had convicted 3 accused and acquitted 1 person. Convicted persons were sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 20,000/- each.

Court noted that expert witness who has stated that on the basis of lab analysis, the case property was concluded as that both the skulls are of Tiger (Panthera tigris). Witnesses have totally supported the case of the prosecution regarding the recovery of tiger bones and also they all are corroborating each other on all material aspects and there are no major inconsistency or contradictions in their statement. Their statements on record are found to be cogent, inspires the confidence of the Court and there is no reason to disbelieve the same.

During sentencing court pointed that “Despite best efforts put in by the Government of almost all the countries across the globe, wild life offences are not coming down. Such case needs to be dealt with strictly to curb the wild life offences. Moreover, tiger is our National Animal and killing of our national pride should be dealt with iron hands. Convicts have committed offence of the greatest magnitude against the wildlife.”

Three persons convicted in sand boa smuggling

A court in Mandsaur district of Madhya Pradesh had convicted three people for smuggling a sand boa snake in July 2012 and sentenced them to 1 year imprisonment and ₹250 fine each.

Three years imprisonment for person caught with bear gall bladder

A court in Bageshwar district of Uttarakhand had convicted a person who was arrested with a bear gall bladder in October 2012. Court had sentenced him to three years imprisonment and ₹10,000 fine.

3 years imprisonment for smuggling of owl, leopard and Musk deer body parts

In September last year, Uttarakhand Forest department arrested two persons with 1 owl and body parts of leopard and musk deer in Rudraprayag district. After the trial CJM Rudraprayag had convicted one of the accused and sentenced him to three years imprisonment and ₹10,000 fine. Case against other accused is pending.

Rhino horn smuggling: Five accused sentenced to five years imprisonment

In October 2016 Jaldapara Wildlife officials, West Bengal were seized a rhino horn, tooth and hooves and arrested five persons, in addition to the wildlife goods forest officials also seized an AK-47 rifle with magazine and 46 nos. of live cartridges. After the trial a local court in Alipurduar district were convicted all five accused and sentenced them to five years imprisonment and ₹20,000 fine each.

During the sentencing court observed that “As a Court of Law, we should be careful that actions taken by the Courts send message to the society that no one is above law and anyone, intending to break law would be punished adequately. The offence involved in this case is very serious in nature and the Act provides for punishment for a term not less that three years but which may extend to seven years and for fine not less that ten thousand rupees. In such a case, adopting any lenient view would send message to the wrongdoers to feel encouraged in destroying and killing wildlife animals rendering them further extinct and the purpose of the Act of 1972 would be frustrated.”

Sansar Chand's brother discharged in big wildlife seizure case

In January 2005 Delhi police raided a warehouse and seized 2 tiger skins, bones, paws, 38 leopard skins, 1 snow leopard skin, 42 otter skins etc. and a case was filed against Sansar Chand, his family members and his employees. During the trial Sansar's brother Narain and one of the co-accused were discharged by court. “None of the recovery witnesses have stated any incriminating evidence against accused no. 6 Narain and accused no. 7 Preetam. Hence, there are not sufficient material to frame charge against the accused no. 6 Narain and accused no. 7 Preetam. Both stands discharged for the offences alleged against them.”

Shahtoosh shawl traders sentenced to three years imprisonment

In February 2003, CBI team had raided a shop in Hotel Le-Meridien in Delhi and seized 26 shahtoosh shawls, 2 persons were arrested. After the trial court had convicted the accused and sentenced them to undergo SI for three years and are also sentenced to pay a fine of Rs.10,000/- each for the offence u/s 51 of Wild Life (Protection) Act for the contravention of Section 49 and 49B(1) of the Act.

Seizure of 8 leopard skins, accused acquitted in Delhi

In February 2009 Crime Branch of Delhi police seized 5 leopard skins in Delhi and arrested two persons. On further investigations with wildlife officials, 3 more leopard skins and traps were seized from Himachal Pradesh. After the trial a court in Delhi had acquitted both the accused.

In one of the observation court noted that “More so, as per Manual on Wildlife Species in Trade, 1^st Edition prepared by Wildlife Crime Control Bureau, Ministry of Environment & Forest, Government of India, there are procedural guidelines for identifying the wildlife species. Its Preface specifically provides that the agencies may note that similar and mere resemblance cannot be taken as confirmatory. Additional test like morphological, microscopic analytical and forensic tests may have to be undertaken for legal action. It is further provided in the Manual that for identifying the skin of leopard, the hair signature pattern of leopard can be identified if it is having the following pattern: color cremish brown, culticular scale pattern imbricate, medulla-Continuous, Medullary Index-0.657. Admittedly, in the present case no such test were conducted by the complainant and the above mentioned characteristics were also not proved being found on the recovered skins. The expertise of PW3 in identifying the recovered skins has not come on record. It is common knowledge that nowadays with the advent of new technologies fake skins can be prepared with the help of synthetic fibers which might be having same feel and texture as of a natural skin. In the absence of chemical analysis/forensic examination of the skins, it cannot be said with certainty that the recovered skins were of leopard. The complainant has failed to prove the same.”

Shahtoosh shawl trader sentenced to three years imprisonment

In February 2001 Central Bureau of Investigation (CBI) conducted a raid at South Extension, New Delhi and seized 70 suspected shahtoosh shawls. After forensic analysis it is identified that 30 were shahtoosh shawls and a case was registered against shawl trader. After the trial a court in Delhi had convicted the accused and sentenced to undergo simple imprisonment for three years and a fine of Rs.10,000/-

Three years imprisonment for shahtoosh shawls smuggling

In August 2009 Wildlife Inspector of WCCB examined one shipment consisting of 27 bales claiming to be woolen blended pashmina shawls at Indira Gandhi International Air Cargo Complex, New Delhi. On examination, inspector suspected 4 shawls to be of shahtoosh and advised customs to detain the consignment. The shawls were seized and a case under Wildlife Protection Act was registered. In forensic examination 4 shawls were found containing hair of Tibetan Antelope or Chiru (Panthlops hodgsoni). After the trial ACMM Court- Delhi had convicted the accused from Srinagar, Jammu & Kashmir and sentenced him to undergo Simple Imprisonment for three years and he is also sentenced to pay a fine of Rs. 10,000/- for the offence u/s 51 of Wild Life (Protection) Act for the contravention of Section 49 and 49B(1) of the Act and in default simple imprisonment for one month.