Madhya Pradesh High Court
Sheel Sindhu Shrivastava vs The State Of Madhya Pradesh on 27 January, 2025
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
1 MCRC-45103-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 27th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 45103 of 2024
SHEEL SINDHU SHRIVASTAVA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri P.K. Thakre - Advocate for petitioner.
Shri Hitendra Singh - Gov. Advocate for respondent/State.
ORDER
Petitioner has filed this petition under Section 482 of Cr.P.C. (new
Section 528 of B.N.S.S., 2023) making a prayer for quashing of FIR and
subsequent charge-sheet pending in the Court of CJM, Satna in RCT
No.1501/2023.
2. Counsel appearing for petitioner submitted that Crime/POR
No.237/05 was registered against petitioner for committing offences under
Section 39/51, 50/51 and 52/51 of Wild Life (Protection), Act, 1972.
Petitioner is praying for quashing of charge-sheet and proceedings pending
against him. It is submitted that on 16.05.2023 a joint team of State Tiger
Force, Bhopal and Tiger Strike Force of Jabalpur reached at Forest Range
Panpath, Village Ghorighat and conducted inquiry regarding a dead elephant
which died in November, 2022. It was found that dead body of elephant was
cremated, thereafter, it remains i.e. bones was dumped in potholes. Statement
of accused Kamla Prasad Kol, Pushpendra Nath Mishra, Bilani Kol and
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
2 MCRC-45103-2024
Dinesh Kol was recorded and on 18.06.2023 statement of applicant – Sheel
Sindhu Shrivastava was recorded. Charge-sheet was filed on 14.06.2023 in
the Court of Chief Judicial Magistrate. It is submitted that only allegation
which is made against the petitioner is for not following the procedures and
not informing superior officers regarding death of dead elephant. Act of
petitioner comes under negligence of duty and misconduct. Departmental
enquiry has been initiated against petitioner. Negligence of petitioner does
not call for his criminal prosecution. It is submitted that wild animals has
eaten the body of dead elephant and skeleton was left. Skeleton may not be
misused, therefore, petitioner asked staff to cremate the parts of carcass.
Petitioner does not have any mens rea or mala fide intention for personal
profit and nothing has been seized from the possession of petitioner. There is
no direct or indirect evidence against the petitioner regarding committing of
offence under Sections 39/51, 50/51 and 52/51 of Wild Life (Protection) Act,
1972. Petitioner has not abetted any offence. Section 60 of Wild Life
(Protection) Act, 1972 gives protection to Forest Officers, who has taken
action in good faith. It is submitted that considering totality of facts and
circumstances of the case, charge-sheet and pending proceedings against
petitioner be quashed.
3. Government Advocate appearing for State submitted that dead body
of a wild life animal is a government property and said property cannot be
disposed of without following the procedure established by law. Petitioner
has disposed of the government property without permission, therefore,
offences as alleged in POR No.237/05 is made out. No interference is called
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
3 MCRC-45103-2024
for in this petition and same be dismissed.
4. Heard the counsel for the parties.
5. Sections 39, 50, 51, 52 and 60 of Wild Life (Protection) Act, 1972
is quoted as under:-
“39. Wild animals, etc., to be Government property .–(1) Every
—
(a) wild animal, other than vermin, which is hunted
under section 11 or sub-section (1) of section 29 or sub-
section (6) of section 35 or kept or [bred in captivity or
hunted] in contravention of any provision of this Act or
any rule or order made thereunder or found dead, or
killed by mistake; and
(b) animal article, trophy or uncured trophy or meat
derived from any wild animal referred to in clause (a) in
respect of which any offence against this Act or any
rule or order made thereunder has been committed,
[(c) ivory imported into India and an article made from
such ivory in respect of which any offence against this
Act or any rule or order made thereunder has been
committed;
(d) vehicle, vessel, weapon, trap or tool that has been
used for committing an offence and has been seized
under the provisions of this Act.]
shall be the property of the State Government, and,
where such animal is hunted in a sanctuary or National
Park declared by the Central Government, such animal
or any animal article, trophy, uncured trophy or
meat [derived from such animal or any vehicle, vessel,
weapon, trap or tool used in such hunting] shall be the
property of the Central Government.
(2) Any person who obtains, by any means, the
possession of Government property, shall, within forty-
eight hours from obtaining such possession, make a
report as to the obtaining of such possession to the,
nearest police station or the authorised officer and shall,
if so required, hand over such property to the officer-in-
charge of such police station or such authorised officer,
as the case may be.
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
4 MCRC-45103-2024
(3) No person shall, without the previous permission in
writing of the Chief Wild Life Warden or the authorised
officer–
(a) acquire or keep in his possession, custody or
control, or
(b) transfer to any person, whether by way of gift, sale
or otherwise, or (c) destroy or damage,
such Government property.
[(4) Where any such Government property is a live
animal, the State Government shall ensure that it is
housed and cared for by a recognised zoo or rescue
centre when it can not be released to its natural habitat.
(5) Any such animal article, trophy or uncured trophy or
meat derived from any wild animal, as referred to in
sub-sections (1) and (2) may be disposed of by the State
Government or the Central Government, as the case
may be, in such manner as may be prescribed by the
Central Government:
Provided that such disposal shall not include any
commercial sale or auction and no certificate of
ownership shall be issued for such disposal.]
50. Power of entry, search, arrest and detention .–(1)
Notwithstanding anything contained in any other law
for the time being in force, the Director or any other
officer authorised by him in this behalf 1 [or the
Management Authority or any officer authorised by the
Management Authority] or the Chief Wild Life Warden
or the authorised officer or any forest officer or any
police officer not below the rank of a sub- inspector 2
[or any customs officer not below the rank of an
inspector or any officer of the coast guard not below the
rank of an Assistant Commandant], may, if he has
reasonable grounds for believing that any person has
committed an offence against this Act,–
(a) require any such person to produce for
inspection any captive animal, wild animal,
animal article, meat, trophy or 3 [trophy,
uncured trophy, specified plant or part or
derivative thereof [or scheduled specimen]]
in his control, custody or possession, or any
licence, permit or other document granted to
him or required to be kept by him under theSignature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
5 MCRC-45103-2024
provisions of this Act;
(b) stop any vehicle or vessel in order to
conduct search or inquiry or enter upon and
search any premises, land, vehicle or vessel,
in the occupation of such person, and open
and search any baggage or other things in his
possession;
[(c) seize any captive animal, wild animal,
animal article, meat, trophy or uncured
trophy, or any specified plant or part or
derivative thereof [or scheduled specimen],
in respect of which an offence against this
Act appears to have been committed, in the
possession of any person together with any
trap, tool, vehicle, vessel or weapon used for
committing any such offence and, unless he
is satisfied that such person will appear and
answer any charge which may be preferred
against him, arrest him without warrant, and
detain him:
Provided that where a fisherman, residing
within ten kilometres of a sanctuary or
National Park, inadvertently enters on a boat,
not used for commercial fishing, in the
territorial waters in that sanctuary or National
Park, a fishing tackle or net on such boat
shall not be seized.]
(2) [***)
(3) It shall be lawful for any of the officers
referred to in sub-section (1) to stop and
detain any person, whom he sees doing any
act for which a licence or permit is required
under the provisions of this Act, for the
purposes of requiring such person to produce
the licence or permit and if such person fails
to produce the licence or permit, as the case
may be, he may be arrested without warrant,
unless he furnishes his name and address, and
otherwise satisfies the officer arresting him
that he will duly answer any summons or
other proceedings which may be taken
against him.
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
6 MCRC-45103-2024
[(3A) Any officer of a rank not inferior to
that of an Assistant Director of Wild Life
Preservation or 5 [an Assistant Conservator
of Forests] who, or whose subordinate, has
seized any captive animal or wild animal
under clause (c) of sub-section (1) may give
the same for custody on the execution by any
person of a bond for the production of such
animal if and when so required, before the
Magistrate having jurisdiction to try the
offence on account of which the seizure has
been made.]
(4) Any person detained, or things seized
under the foregoing power, shall forthwith be
taken before a Magistrate to be dealt with
according to law 6 [under intimation to the
Chief Wild Life Warden or the officer
authorised by him in this regard].
(5) Any person who, without reasonable
cause, fails to produce anything, which he is
required to produce under this section, shall
be guilty of an offence against this Act.
[(6) Where any meat, uncured trophy,
specified plant or part or derivative thereof is
seized under the provisions of this section,
the Assistant Director of Wild Life
Preservation or any other officer of a gazetted
rank authorised by him in this behalf or the
Chief Wild Life Warden or the authorised
officer may arrange for the disposal of the
same in such manner as may be prescribed.]
(7) Whenever any person is approached by
any of the officers referred to in sub-section
(1) for assistance in the prevention or
detection of an offence against this Act, or in
apprehending persons charged with the
violation of this Act, or for seizure in
accordance with clause (c) of sub-section (1),
it shall be the duty of such person or persons
to render such assistance.
[(8) Notwithstanding anything contained in
any other law for the time being in force, any
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
7 MCRC-45103-2024
officer not below the rank of an Assistant
Director of Wild Life Preservation or [an
officer not below the rank of Assistant
Conservator of Forests authorised by the
State Government in this behalf] shall have
the powers, for purposes of making
investigation into any offence against any
provision of this Act–
(a) to issue a search warrant;
(b) to enforce the attendance of
witnesses;
(c) to compel the discovery and
production of documents and
material objects; and
(d) to receive and record
evidence.]
[(9) Any evidence recorded under clause (d)
of sub-section (8) shall be admissible in any
subsequent trial before a Magistrate provided
that it has been taken in the presence of the
accused person.]
51. Penalties.–(1) Any person who 1 [contravenes any
provision of this Act [(except Chapter VA and section
38J)]]or any rule or order made thereunder or who
commits a breach of any of the conditions of any
licence or permit granted under this Act, shall be guilty
of an offence against this Act, and shall, on conviction,
be punishable with imprisonment for a term which may
extend to [three years], or with fine which may extend
to [one lakh rupees], or with both:
[Provided that where the offence committed is in
relation to any animal specified in Schedule I 8[***] or
meat of any such animal or animal article, trophy or
uncured trophy derived from such animal or where the
offence relates to hunting in a sanctuary or a National
Park or altering the boundaries of a sanctuary or a
National Park [or where the offence relates to a
specimen of a species listed on Appendix I of Schedule
IV], such offence shall be punishable with
imprisonment for a term which shall not be less than
three years but may extend to seven years and also with
fine which shall not be less than [twenty five thousandSignature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:45548 MCRC-45103-2024
rupees]:
Provided further that in the case of a second or
subsequent offence of the nature mentioned in this sub-
section, the term of the imprisonment shall not be less
than three years but may extend to seven years and also
with fine which shall not be less than 9 [one lakh
rupees].]
[(1A) Any person who contravenes any provisions of
Chapter VA, shall be punishable with imprisonment for
a term which shall not be less than [three years] but
which may extend to seven years and also with fine
which shall not be less than [twenty-five thousand
rupees].]
3[(1B) Any person who contravenes the provisions of
section 38J, shall be punishable with imprisonment for
a term which may extend to six months, or with fine
which may extend to two thousand rupees, or with both:
Provided that in the case of a second or subsequent
offence the term of imprisonment may extend to one
year or the fine may extend to five thousand rupees.]
(2) When any person is convicted of an offence
against this Act, the Court trying the offence may order
that any captive animal, wild animal, animal article,
trophy, 14[uncured trophy, meat, ivory imported into
India or an article made from such ivory, any specified
plant, or part or derivative thereof] in respect of which
the offence has been committed, and any trap, tool,
vehicle, vessel or weapon, used in the commission of
the said offence be forfeited to the State Government
and that any licence or permit, held by such person
under the provisions of this Act, be cancelled.
(3) Such cancellation of licence or permit or such
forfeiture shall be in addition to any other punishment
that may be awarded for such offence.
(4) Where any person is convicted of an offence
against this Act, the Court may direct that the licence, if
any, granted to such person under the Arms Act, 1959
(54 of 1959), for possession of any arm with which an
offence against this Act has been committed, shall be
cancelled and that such person shall not be eligible for a
licence under the Arms Act, 1959, for a period of five
years from the date of conviction.
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:4554
9 MCRC-45103-2024
[(5) Nothing contained in section 360 of the Code of
Criminal Procedure, 1973 (2 of 1974), or in the
Probation of Offenders Act, 1958 (20 of 1958), shall
apply to a person convicted of an offence with respect
to hunting in a sanctuary or a National Park or of an
offence against any provision of Chapter VA unless
such person is under eighteen years of age.]
52. Attempts and abetment .–Whoever attempts to
contravene, or abets the contravention of, any of the
provisions of this Act or of any rule or order made
thereunder shall be deemed to have contravened that
provision or rule or order, as the case may be.
60. Protection of action taken in good faith. –(1) No-
suit, prosecution or other legal proceeding shall lie
against any officer or other employee of the Central
Government or the State Government for anything
which is in good faith done or intended to be done
under this Act.
(2) No suit or other legal proceeding shall lie against
the Central Government or the State Government or any
of its officers or other employees for any damage
caused or likely to be caused by anything which is in
good faith done or intended to be done under this Act.
[(3) No suit or other legal proceeding shall lie against
the Authority referred to in Chapter IVA 4 [Chapter
IVB] and its chairperson, members, member-secretary,
officers and other employees for anything which is in
good faith done or intended to be done under this Act.]”
6. Evidence is available on record that petitioner destroyed the dead
body of the elephant by cremating it. Section 39 of Wild Life (Protection)
Act, 1972 lays down that body of a wild life animal which is dead is property
of Government and said property cannot be destroyed or damaged without
previous permission in writing of Chief Wild Life Warden or authorised
officer. In this case nothing has been brought on record to show that
permission has been obtained.
7. Counsel for petitioner submitted that petitioner is having protection
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:455410 MCRC-45103-2024
under Section 60 of the said Act and he is protected from prosecution as
action was taken by him in good faith. Petitioner has given a statement under
Section 50 sub-section (8) of Wild Life (Protection) Act, 1972 before
Assistant Conservator of Forest, he has stated that he received information
that in Beat Jamuniya, Compartment No.R.F.182 one elephant is found.
Reaching there elephant was treated by using JCB. Elephant got up and went
in the jungle. He was monitored for some time. Later on, they lost track of
the elephant. In November, 2022 he received an information that one
elephant is found dead in Compartment R.F. 236. Said elephant was eaten by
wild animals and was not having any teeth. It was submitted that it was
probably the same elephant which was treated by him. Petitioner thought that
skeleton and remains may be misused if fallen in wrong hands, therefore, he
directed to burn the skeleton and dispose it off. On 09.01.2023, Director
informed that one Journalist has reported about burning of an elephant.
Petitioner inquired about it and collected the evidence and send it to Indian
Forest Institute, Dehradunm, also informed Deputy Director, New Delhi
regarding it. Similar statement has been given by other witnesses. It is to be
considered whether the act of petitioner was in good faith. Whether applicant
took due care and attention to the carcass and same was burnt and later
remains were disposed off so that carcass may not be misused of the wile life
animal.
8. Applicant has not taken permission of competent authority in
accordance with law for disposal of remains of dead elephant. He cremated
remains so that same may not be misused by selling it in market and falls inSignature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11
NEUTRAL CITATION NO. 2025:MPHC-JBP:455411 MCRC-45103-2024
wrong hand and find place in gray market which may encourage killing of
elephant for profit. There is no other allegation that petitioner had misused
the remains or had given the possession of it to some other person. Wild
elephant does not have teeth (ivory) and possibility was shown that carcass
may be of female. Sex of elephant could not be determined as body was
eaten by predators. There was no evidence of any malafide or mens rea on
part of petitioner. Act of cremation was done in good faith. In view of same,
act of petitioner can be said to be done in good faith and petitioner is
protected from prosecution under Section 60 of the Wild Life (Protection),
1972.
9. In view of aforesaid, miscellaneous criminal case is allowed.
Charge-sheet registered against the petitioner is quashed. Consequential
pending trial is also quashed.
Certified copy as per rules.
(VISHAL DHAGAT)
JUDGEsp/-
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 31-01-2025
17:44:11