The present appellants the Principal Chief Conservator of Forests, Hyderabad and the Conservator of Forests, Nizamabad preferred intra court appeal against the order of the Single Judge.
1 to 3 had offered for companypounding the offence and they were willing to pay the money by way of companyposition of the offence, ordered that the offence be companypounded for Rs.
1 to 3 who were occupying the jeep were taken into custody and a case Crime No.
The gunny bag had two bags inside one bag companytained a hunted wild boar and the other had three rabbits.
25,000/ .
1, 2 and 3 challenged the above three orders insofar as forfeiture of the vehicle and two rifles to the state government was companycerned in a writ petition filed under Article 226 of the Constitution of India before the Andhra Pradesh High Court.
The Division Bench of the High Court dismissed the intra court appeal and maintained the order of the Single Judge.
The respondent number 1 challenged the above order in appeal before the Principal Chief Conservator of Forests, Andhra Pradesh.
30,000/ under Section 54 of the 1972 Act and the vehicle and the weapons used in companymitting the offence be forfeited.
The Division Forest Officer, Medak was also immediately informed.
On July 25, 2004 itself, the Divisional Forest Officer, Medak recorded the statement of respondent number.
The seizure panchnama was prepared immediately at 3.30 a.m. The jeep, a battery, a torchlight, dead animals and two rifles of foreign make fitted with telescope were seized.
The Principal Chief Conservator of Forests although by his order dated October 9, 2004 held that appeal was number maintainable but asked the Conservator of Forests, Nizamabad to reduce the companyposition fee from Rs.
In the intervening night of July 24/25, 2004, at the Pothamsettipalli, Cross Roads, the vehicles were being checked by the Sub Inspector of Police, Kulcharam Police Station, District Medak.
The respondent number.
25,000/ .
This is how the present appeal has reached this Court.
We heard Mr. R. Sundervardhan, learned senior companynsel for the appellants and Mr. Jayant Kumar Mehta, learned companynsel for the companytesting respondent number.
It was also ordered that if the offenders fail to pay companypounding fee within seven days, necessary action against them for their prosecution under Section 51 of the 1972 Act may be taken.
The seized items viz vehicle No.
AP 12 D 703 was also stopped and checked.
The said jeep was occupied by the present respondent number.
They gave some explanation with regard to the gunny bag companytaining wild pig and three rabbits and the rifles in their possession but stated that the offence was done by them in ignorance and they were willing to pay money by way of companyposition of the offence.
On August 10, 2004, the Conservator of Forests, Nizamabad Circle, Nizamabad on the report submitted by the Divisional Forest Officer, Medak that the accused persons Respondent Nos.
On checking, the Sub Inspector of Police found one gunny bag tied to the front side of the bumper of the jeep.
1, 2 and 3 and two other persons.
1 to 3 to companypound the offence for Rs.
30,000/ to Rs.
1 to 3 and two other persons.
It has been amended by Act 23 of 1982, Act 28 of 1986, Act 44 of 1991, Act 26 of 1993 and Act 16 of 2003.
The persons including respondent number.
In the companyrse of the checking, at 2.45 a.m. a jeep bearing Registration No.
The respondent number 1 was asked by the Principal Chief Conservator of Forests to approach the Conservator of Forests, Nizamabad for further action.
The Single Judge of the High Court, on hearing the parties, by his judgment dated March 29, 2005 set aside the order of forfeiture of the vehicle and the two rifles.
The 1972 Act was enacted by the Parliament to provide for the protection of wild animals and birds and for matters companynected therewith or ancillary or incidental thereto.
43 of 2004 was registered against them under Section 9 of the Wild Life Protection Act, 1972 for short, the 1972 Act .
The Conservator of Forests, Nizamabad then passed a fresh order on November 4, 2004 permitting the respondent number.
AP 12 D 703 and two rifles were ordered to be forfeited to the state government.
