The Gauhati High Court has directed the Assam Government to make a rule as empowered under section 64 of the Wildlife Protection Act 1972 in respect to filing of cases by police officers for violation of the Act.
After hearing a criminal petition filed by one Yaksum Nobeng, Justice Dr Indira Shah today directed the state government to make a rule in respect to filing of cases by police officers for violation of the Wildlife Protection Act before the appropriate court under section 173 of the Criminal Procedure Code (CrPC).
The petitioner challenged the police report (charge sheet) against her before the 1st class Magistrate, Diphu with the contention that under section 55 of the Act, the court can take cognizance only of a complaint filed by high level forest officers under section 55 of the Wildlife Protection Act and not of the police.
Justice Shah, after hearing the case, passed judgement setting aside the police report filed against the petitioner, but directed the state government to make a rule under section 64 of the Wildlife Protection Act in respect of filing of cases by police officers also under section 173 of Criminal Procedure Code.
Senior Advocate C Baruah appeared for the petitioner, against whom the police charge sheet was filed alleging a gecko lizard was in her possession about a year ago, while public prosecutor K Munir appeared for the state government before the court.
