Excelsior Correspondent
Srinagar, Dec 27: High Court today upheld the FIR against the accused for hunting animals in forests of Leh area of Ladakh by recording that a police officer is also competent to investigate the offences under wildlife protection law.
The accused persons challenged the FIR and sought its quashing on the ground that the police have no jurisdiction to lodge FIR for offences under the Act of 1972. The Wildlife Protection Act (WPA) provides that a court can take cognizance of the offences under the said Act only on the complaint of the officers.
”In view of the foregoing discussion, the police officer is also empowered to investigate the offences under the Act of 1972. Accordingly, instant petition is dismissed. The interim directions dated 25.01.2023 shall stand vacated”, Justice Moksha Kazmi concluded.
The FIR No.207/2022 dated 21.12.2022 was registered with the Police Station, Leh Ladakh against the accused persons for commission of offences punishable under Sections 9/51 of the Wildlife Protection Act, 1972.
It was on December 21 last year, the Police Station, Leh Ladakh received an information through reliable sources that some unknown persons with the criminal intention entered into the area of Thiksay village with an intention of hunting the animals and instant FIR came to be registered against unknown persons and investigation was initiated.
During the course of investigation, the Investigating Officer visited the place of occurrence and it has been established that the accused persons were staying in an isolated house of Sonam Dorjey away from the village Thiksay having suspicious movement in Arzoo village where the occurrence took place and after swung into action the police seized vehicles and some arms and licence which was used for the commission of offence as a piece of evidence.
Justice Kazmi after having threadbare discussion in the matter has held that the Police Officers not below the rank of Sub- Inspector, other officers are given special powers for the purpose of prevention and detection of the offence under the Act.
Court said the wildlife protection Act empowers the officer not below the rank of an Assistant Director of Wildlife Preservation or Wildlife Warden for the purposes of making investigation into any offence against any provision of the Act to issue search warrant and to enforce the attendance of witnesses. “But this would have no bearing on the question whether the Police Officers are entitled to investigate the case or not”, the court clarified.
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