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Sansar Chand vs State Of Rajasthan.

Country/Territory
India
Type of court
National - higher court
Date
Oct 20, 2010
Source
UNEP, InforMEA
Court name
Supreme Court of India
Seat of court
New Delhi
Judge
Markandey Katju
Thakur, T.S.
Language
English
Subject
Wild species & ecosystems
Keyword
Offences/penalties Wildlife products Protected plant species Protected animal species Protected fish species Enforcement/compliance Protection of species
Abstract
On January 5, 2003 the police arrested one Balwan who was traveling in a train with a carton containing leopard’s skin. During investigation the said Balwan on January 7, 2003 made a disclosure statement to the SHO, GRP Bhilwara that the two leopard skins were to be handed over to Sansar Chand at Sadar Bazar, Delhi. The appellant was convicted by the Additional Chief Judicial Magistrate (Railways), Ajmer, Rajasthan by his judgment dated 29.4.2004. The appellant filed an appeal which was dismissed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer vide his judgment dated 19.8.2006. Thereafter the appellant filed a Revision Petition, which was dismissed by the Rajasthan High Court by the impugned judgment dated 10.12.2008. Hence, the present appeal. All the courts have found the appellant guilty of the offences charged. Sansar Chand, the appellant has a long history of such criminal activities, starting with a 1974 arrest for 680 skins including tigers, leopards and others. In the subsequent years the appellant and his gang has established a complex, interlinking smuggling network to satisfy the demand for tiger and leopard parts and skins outside India’s borders. In the present case, the extra judicial confession by Balwan has been referred to in the judgments of the learned Magistrate and the Special Judge, and it has been corroborated by the other material on record. The learned Magistrate and the Special Judge have discussed in great detail the prosecution evidence, oral as well as documentary and have found the appellant guilty. The High Court has affirmed that verdict and the Supreme Court see no reason to take a different view. The appeal, therefore, stands dismissed. Further, the Court has requested the Central and State Governments and their agencies to make all efforts to preserve the wild life of the country and take stringent actions against those who are violating the provisions of the Wildlife (Protection) Act, as this is necessary for maintaining the ecological balance in the country.
Full text
COU-156220.pdf
Website
www.indiankanoon.org