Court can take cognizance of forest offences only on the complaint filed by the competent authority, police can not file final report: Madras High Court

The Madras High Court has held that police can not file final report in case of forest offences. The Court has summoned the District Forest Officer, Ramanathapuram and the Inspector of police to be present in a matter relating to transfer of investigation regarding poaching of lion for teeth and claws and deer for horn in Ramanathapuram District to Wildlife Crime Control Bureau (WCCB) to ensure the free and fair investigation.

The police, who are the respondents in the case, while conducting a regular vehicle checkup had seized narcotic drugs as well as certain articles of wild animals and based on that, a FIR has also been registered, however, thereafter, there was no progress in the investigation. Hence, the petitioners approached the High Court via a writ petition.

The District Forest Officer, Ramanathapuram, in his counter affidavit has stated that FIR was registered by the police and as per the Wildlife Crime Investigation Manual, the police only have power to file final report.

However, the Madras High Court bench of Justice V.Bharatidasan and Justice N. Satish Kumar observed that that the stand taken by the District Forest Officer is not correct in law. The Bench observed and as per Section 50 of the Wildlife (Protection) Act even though the police has been given power to investigate the crime, cognizance in respect of forest offences, could be taken by the court only on the complaint filed by the competent authority under Section 55 of the Wildlife Protection Act and the police cannot file final report under Section 173 of Cr.P.C.

In lieu of the same, the Bench has ordered the presence of the District Forest Officer, Ramanathapuram and the Inspector of Police on the next date of hearing through video conference without fail.

The matter is listed on 21.01.2022.

G. Thirumurugan @ Theeran Thirumurugan Versus Union of India