Page 140 - ELT_1st June 2020_VOL 372_Part 5th

674 EXCISE LAW TIMES [ Vol. 372

Rs. 10,000/- in default simple imprisonment for 3 (three) months. The Ld. Appel-
late Court on reappreciation of evidence concurred with the finding of the Ld.
Magistrate and affirmed the sentence passed by the said Court.
2. The genesis of the case relates to a search conducted by the Officers
of Directorate of Revenue Intelligence (DRI) at the residential premises of the
present petitioner/Quasim Ali at 16, Ratu Sarkar Lane, Calcutta-700073 on the
basis of information received by the office of the DRI, Calcutta. On search being
conducted in presence of two independent witnesses, 3 pieces of tiger skin, 13.4
kgs. of elephant tusks, 1 piece of baby rhino horn, 290 pieces of tiger nail total
worth approximately of Rs. 4,44,550/- were recovered. Pursuant to such recovery
it was alleged by the officer of the DRI that the present petitioner failed to pro-
duce any valid documents for legal possession/acquisition/harbouring of the
goods so recovered. According to the DRI the goods so seized were wildlife ma-
terials under the provisions of the 1972 Act. The authorities further alleged that
the present petitioner admitted that the goods were attempted to be taken out of
India for the purpose of exporting and on such reasonable belief the DRI Author-
ities arrested the petitioner under Section 104 of the Customs Act, 1962 as the
goods so seized were liable to confiscation under the provisions of Customs Act,
1962 read with Foreign Trade (Development and Regulation) Act, 1992. The peti-
tioner was thereafter produced before the Ld. Chief Metropolitan Magistrate (Ld.
CMM), Calcutta on 6-8-1995.
3. It is seen from the records of the Ld. CMM, Calcutta that from 6-8-
1995 the petitioner was in custody till 11-9-1995 when he was granted bail by the
Ld. Chief Judge, City Sessions Court, Calcutta. It would be pertinent to state that
in the meantime on 8-8-1995 a communication was made from the office of the
Chief Conservator of Forest, Wild Life and Chief Wild Life Warden to the Addi-
tional Director General, DRI, Calcutta, wherefrom it is revealed that since all the
seizures related to Schedule-I animals, under the provisions of the 1972 Act, a
detailed report was required in respect of the case along with copies of the doc-
uments and seized articles for which Sri P. Mukherjee, Forest Ranger, Wild Life
Wing was authorized to communicate. The records further revealed that by a
communication the Conservator of Forest, Wild Life Circle, West Bengal was
pleased to engage the Investigation Officer (IO) being Mr. Sajal Baran Das for
conducting investigation in respect of documents/seizure/seizure list and other
materials received from DRI. On conclusion of investigation on 9-4-1996, the IO,
Forest Ranger attached to the Conservator of Forest, Wild Life Circle and Ex-
Officio, Dy. Chief Wild Life Warden, Calcutta and Howrah, West Bengal filed a
complaint before the Ld. CMM, Calcutta.
4. The allegations made in the complaint which is the foundation of the
prosecution case are as follows :-
(i) The complainant is duly empowered under Section 55 of the 1972
Act read with G.O. No. 1269-FOR/4A-1/72, dated 25-2-1977 of the
Government of West Bengal to file the petition of complaint as a
public servant in discharge of his official duty.
(ii) A search was conducted by A.K. Saha, Intelligence Officer, DRI,
Calcutta on the strength of “search authorization” at the residential
premises of the accused in presence of two independent witnesses.
The said search was carried out on 5-8-1995 between 16:00 hours to
17:00 hours at one room of the first floor, entire second floor and
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