Full Judgment
Chettur Sankaran Nair, J.
1. Respondents herein, stood trial for offences punishable under Section 27(2)(c) and (f) of the Kerala Forest Act and Section 9(2) read with Section 51 of the Wild Life Protection Act, 1972. Prosecution case is that respondents stayed in Ambalappara Inspection Bungalow belonging to the Kerala State Electricity Board on 31-7-85, and that during such time 1st accused shot dead a Nilgiri Langur (Presbytisgohni) with the gun belonging to the 2nd accused. Accused are alleged to have made confessions to the effect that they killed the animal. Notwithstanding that the learned Magistrate thought that prosecution was incompetent, as no notification under Section 55 of the Wild Life Protection Act was produced. By S.R.O. 227/75 dt. 1-2-1975 Government of Kerala has delegated the authority to file complaints to officers in the forest department not below the rank of Range Officers, and Assistant Wildlife Preservation Officers. The notification reads as under:
Notification
No. 6211/FM3/75/AD, dt. Trivandrum, 1st Feb. 1975 S.R.O. No. 227/75 - In exercise of the powers conferred by Section 55 of Wildlife (Protection) Act, 1972 (Central Act 53 of 1972), the Government of Kerala hereby authorise the Officers of the Forest Department of this State, not below the rank of Range Officers and Assistant Wildlife Preservation Officers to file complaints before the various courts in the State for the offences committed against the said Act.
(By order of the Governor)
Sd/-
Deputy Secretary.
Besides, Rule 51 of the Rules of the Kerala Wildlife (Protection) Rules, 1978 authorises a forest officer of a rank not inferior to that of a Ranger to make a complaint. It is surprising that officials of the Forest Department were unaware of the Rules made more than 10 years ago and of a notification issued 14 years back. There can be no better proof of the incompetence. However, the Additional Chief Conservator of Forests and Chief Wildlife Warden Shri P. N. Surendrari has stated that he is taking disciplinary action against the officials concerned. Such action will be promptly taken and he will ensure that lapses on the part of prosecuting agencies is not brooked in future. The Magistrates will do well to familiarise themselves with the Rules. I say so, because instances have come to the notice of this Court, where acquittals have been made in prosecutions under this Act on similar grounds. Offences if proved, must be dealt with deterrently. Wildlife preservation and preservation of ecology and environment have moved into areas of national priority. Prosecuting agencies and other enforcement agencies cannot be insensitive to stark realities of life and adopt an indifferent approach. Wanton killings and destruction of wild life and environment, pose a great threat and it must be dealt with effectively and purposefully. The order of acquittal is set aside and the case is remitted Jo the trial court. An opportunity will be given to both sides to produce further evidence if they so wish. The trial Magistrate will take steps to ensure the appearance of the respondents before that court and proceed further. Appeal as allowed.