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Supreme Court Of India

(From : 2001 Cri LJ 2086 (All))

Hon'ble Judge(s): M. B. Shah, B. N. Agrawal , JJ

Delhi Special Police Establishment Act (25 of 1946) , S.3, S.5, S.6— Criminal P.C. (2 of 1974) , S.5— Wild Life (Protection) Act (53 of 1972) , S.50, S.55— Offences punishable under Wild Life Act - Can be investigated by CBI - Wild Life Act is not self-contained Code. The Central Bureau of Investigation is authorised to investigate an offence, which is punishable under the Wild Life (Protection) Act, 1972 since S. 50 of Wild Life Act is not a complete Code. The Central Govt. has issued notification dated 21-3-2000 under S. 5 read with S. 6 of the Delhi Special Police Establishment Act empowering the CBI for investigation of the case against the appellants under the Wild Life Act and I.P.C. - The scheme of S. 50 of the Wild Life Act makes it abundantly clear that Police Officer is also empowered to investigate the offences and search and seize the offending articles. For trial of offences, Code of Criminal Procedure is required to be followed and for that there is no other specific provision to the contrary. Special procedure prescribed is limited for taking cognizance of the offence as well as powers are given to other officers mentioned in S. 50 of Wild Life Act for inspection, arrest, search and seizure as well of recording statement. The power to compound offences is also conferred under S. 54 of the Wild Life Act. S. 51 of Wild Life Act provides for pena....