9911796707
TMI Blog2024 (11) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... re included in Appendix I to Schedule I. Under Section 51 of the Act, 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. Upon a perusal of the records, particularly, the leave and license agreement of the premises, it appears that the applicant was neither the owner nor the licensee of the premises. 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. Additionally, the animals have been seized and it is reported that the animal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e animals were subsequently seized, leading to the registration of the crime. 3. Dr Sujay Kantawala, the learned Counsel appearing on behalf of the applicant, contends 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, the learned Counsel submits 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. 4. On the other hand, Ms Supriya Kak, the learned Additional Public Prosecutor representing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant in the present crime. Additionally, the animals have been seized and it is reported that the animals have been relocated as required by law. The prosecution s apprehension about evidence tampering and witness influence can be addressed by imposing appropriate conditions. In these circumstances, this Court is inclined to exercise its discretion in favour of the applicant. Hence, the following order: ORDER (i) In the event of the applicant s arrest in connection with Forest Offence Report No.WL-08-2024 (also registered as WL-61- 2024), 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. (ii) The applicant shall attend the office of the concerned investigating aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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