Court : Mumbai
Reported in : 2002BomCR(Cri)71; 2002CriLJ349
..... we do not propose to dilate on these two sections of the wild life protection act.8. the offences under the wild life protection act are indeed serious. protection of wild life is a fundamental duty of every citizen and the act casts an obligation on every citizen to protect wild life. entry at item no. 2 of part i of the first schedule ..... magistrate called for the report from the ramtek police and curiously no report or say was called from the authorities under the wild life (protection) act, 1972 (hereinafter referred to as 'the wild life protection act' for the sake of brevity). be that as it may, the learned magistrate, by his order dated 18-5-1998, ..... and co-accused, being vested with powers of investigation and prosecution of the offenders under the wild life (protection) act. he, therefore, states that the petitioner intends to file a complaint under the provisions of the wild life (protection) act. it is needless to mention that in the event the petitioner files such a complaint, the .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR485; (1991)93BOMLR432
..... for the authority to complain about the commission of the offences was already vested in the said range forest officer, as an assistant wild life warden under the provisions of wild life (protection) act even before the present complaint came to be filed on 26-4-1961. it is not a contention that the investment of authority ..... authorization to the range forest officer, murtizapur as the complainant in the case, seeking to exercise his power to prosecute under section 35 of the wild life (protection) act, 1972, was not indeed there and upto the date of the decision of the said application before the chief judicial magistrate no document establishing due ..... report of the police sub-inspector, murtizapur. the learned magistrate who initially took cognizance of the offence in both the cases, under section 55 of the wild life (protection) act, subsequently held that the petitioners were being duly proceeded against by the p.s.i. the petitioners therefore filed criminal application no. 206/82 in .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR47; (1984)86BOMLR347
..... made out, and the plea of guilty must be held to be immaterial in these circumstances.15. i may here only observe that the provisions of the wild life (protection) act, 1972, have been designed to prevent discrimination and commercial exploitation of rare species of animals and reptiles, and prosecutions need to be undertaken and conducted in ..... this complaint came to be numbered as case no. 34/s of 1982. in this complaint the petitioner was charged for having committed various offences under the wild life (protection) act, 1972. the complaint was proceeded with and evidence of respondent no. 1 and one of the panchas came to be recorded. on the basis of this evidence ..... bombay, convicting and sentencing the petitioner for offences under sections 39(3), 40(2), 42, 44(1), 44(2), 49 read with section 51 of the wild life (protection) act, 1972, the petitioner has preferred the present revision.2. it is the prosecution case that the petitioner carries on business in the firm name and style of ' .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR497
..... found transporting forest produce and therefore was seized by the officers of the respondents under the provisions of the said act, as well as the provisions of the wild life (protection) act, 1972, hereinafter called as 'the wild life act'. the forest produce involved in the matter are chips of shrubs known as 'mappia foetida' which is popularly ..... that the product transported by the petitioners in the petitioners vehicle was not forest produce. secondly that there is no notice issued under the provisions of wild life (protection) act, 1972, and therefore, the seizure/forfeiture is illegal. and thirdly that the petitioners, as common carrier, are not expected to know the contents ..... so also is the duty of every citizen in the country, in terms of article 51a of the constitution to protect and improve the natural environment including forests, lakes, rivers and wild life. taking into consideration the prevailing situation in the country, by no stretch of imagination, it can be said that .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR286; (1999)1BOMLR873
..... order of magistrate, 22nd court, andheri, mumbai g.v. wadekar dated 3-7-1996 discharging all the respondents from their prosecution under the provisions of the wild life (protection) act, 1972 (in short 'the act').3. it was contended by the learned a.p.p. for the appellant that finding of the magistrate that the complaint was barred by limitation was wrong ..... because the bird peafowl (pavo cristatus) at sr. no. 11 in part iii of schedule i was a protected bird which was found in possession of the accused ..... that accused no. 1 was the chairman, accused no. 2 was the managing director and the accused no. 3 was the person with whom different officers under the act have entered into correspondence in respect of the offences. these three are therefore directly concerned in the day to day working of the accused no. 1 and therefore .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1998Bom71; 1997(4)ALLMR489; 1998(4)BomCR418; 1998(1)MhLj484
..... and other provisions etc. the committee shall also verify whether birds are being dealt with illegally or illicitly for trade, in contravention of provisions of the wild life protection act, 1972. (4) on the committee finding illegal and illicit trade in birds, the police commissioner or his nominee on the committee or the competent authority ..... of m.c. mehta v. union of india, : [1988]2scr530 are not followed by the authorities. the petitioners have also referred to the provisions of the wild life (protection) act, 1972, which define the word 'animal' to mean 'amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and ..... prevent atrocities and inhuman and cruel treatment meted out to birds, despite there being full protection under the provisions of the wild life (protection)act, 1972 and the rules framed thereunder, particularly by preventing the entry and sale of wild birds in the city of mumbai and the state of maharashtra, it is submitted that, .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR235; 2007(1)BomCR721
..... both within and outside the municipal areas, shall be governed by the provisions of the indian forest act, 1927 and forest conservation act, 1980. all activities in the sanctuaries and national parks will be governed by the wild life (protection) act, 1972. thereafter, the notification has laid down in para 2 thereof that the activities as mentioned ..... notification dated 17th january 2001. the central government created an authority under section 5 of the environment (protection) act. nothing has been pointed out as to what steps have been taken by this authority, whose life has now expired. in view of the present petition, we are now being told that the particular ..... it was for the central government to appoint an appropriate committee to monitor and to take necessary effective action under section 5 of the environment (protection) act. he submitted that the chief conservator of forests has recently received the proposal of the state government to release the plots for sewage treatment and .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)MhLj561
..... , have committed any illegality in passing the impugned orders. the learned counsel for the petitioners attempted to assail the notice because it refers to provisions of wild life (protection) act. these references do not prejudice the petitioner in giving reply to the notice. these references may have been warranted on the basis of perception of the ..... and affirmed confiscation ordered by the forest officers.21. the very object of making a provision for confiscation of vehicles used in transporting forest produce or wild life would be defeated if at the drop of a hat, authorities and courts start restoring such vehicles to the owners. in an old judgment in the ..... important forest produce, being transported. secondly, the authorised officer in that case had ordered confiscation on considerations extraneous to the show cause notice. had he acted within the four-corners of the notice issued by him, may be his action would not have attracted the observations made by the division bench.18. while .....
Tag this Judgment!Court : Mumbai
Reported in : 1991CriLJ2766
..... in the case of state of bihar v. murad ali khan : 1989crilj1005 . in that case, the supreme court was concerned with an offence under the wild life (protection) act, 1972, which the high court had quashed on the ground that the quality of evidence before the trial court was such that it was unlikely to result ..... properly may be put to jeopardy for nothing. the liberty and property of any individual are sacred and sacrosanct and the court zealously guards them and protects them.'it very clearly emerges from this decision that in an appropriate case, the high court would be justified in interfering even at the stage of investigation ..... is set out in balck's law dictionary, fifth edition, page 865, which is as follows :-- 'management -- government, control, superintendence, physical or manual handling or guidance, act of managing by direction or regulation, or administration, as management of family, or of household, or of servants, or of great enterprises, or of great affairs.' 16. dealing .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR411; 2003(5)BomCR46; 2002LC121(Bombay); 2003(159)ELT44(Bom)
..... the petitioner, it is not open to the respondent no. 4 who is not an authority constituted under the wild life (protection) act, 1972 to hold that there is violation of the provision of the wild life (protection) act, 1972 and therefore, rejection of the application on the second ground cannot be sustained.19. now, coming to ..... accordingly, we hold that the petitioner has complied with all the requirements under cites, under the export-import policy and also under the provisions of the wild life (protection) act, 1972. under the circumstances, we quash and set aside the order of respondent no. 4 dated 17th january, 2003.21. since the customs authorities ..... by the respondent no. 4.12. mr. diwan, learned counsel appearing on behalf of the petitioner submitted that when the authorities constituted under the wild life (protection) act 1972, as well as the chief conservator of forest, maharashtra state, nagpur and the authorities under the export-import policy have granted permission for import .....
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