IN THE HON’BLE DELHI HIGH COURT, NEW DELHI

CRIMINAL REVISION PETITION No. 937/2018

IN THE MATTER OF :

CHAND RAM ------ APPEALANT

Vs

CBI (WILDLIFE) ---- RESPONDENT

REPLY TO APPLICATION u/s 386 Cr.P.C FILED IN REVISION PETITION u/s 397/401 r/w 482
Cr.P.C AGAINST THE JUDGMENT DATED 18.08.18 PASSED BY THE HON’BLE COURT OF MS.
ANJU BAJAJ CHANDNA, SPECIAL JUDGE, CBI (06), CENTRAL DISTRICT, TIS HAZARI COURTS AND
GRANT OF BAIL.

Brief facts of the case:-

a. That the facts of the case are that on 12.12.2003 a secret source information was
received in the office of CBI to the effect the one Chand Ram S/o Sh. Soni Ram
and Anil Kumar S/o Shri Karam Chand, R/o Purana Guhana Road, Khatik Basti,
Harijan Mohalla, PS Chandni Bagh, Panipat, Haryana are indulged in the illicit
trafficking of wildlife skins (leopard) an they are likely to deliver the said skins to
some unkown party near sunder Nagar, New Delhi at about 7.30 pm. The said
information was registered in the branch and was entrusted to Shri A.K.
Srivastava, the then Inspector CBI, EOU-V, New Delhi for verification. Accordinly,
a team consisting of Inspector Sh. A.K. Srivastava, Inspector Khalil Sarvar,
Inspector, Sanjay Dubey, HC, Surendra Panchal and Ct. Om Prakash was
constituted and Addl. SP M.C. Sahni was deputed for supervising the work of the
CBI team. Presence of two independent witnesses namely Shri Jagdish Prashad
and Shri K.C. Chaudhary was secured through written requisition from NTPC
Department. The raiding party reached the spot i.e. near JUKASO INN, Sunder
Nagar, New Delhi at 6.45 pm. At about 7.20 pm, the source pointed towards the
two persons who were standing near the halogen lamp on the left side of
JUKASO INN Building and informed that both were carrying trade of contraband
wild life articles. A close watch was kept on the activities of both the persons and
thereafter both were intercepted and apprehended by the CBI team. The driver of
the hired vehicle namely Sunder Lal was interrogated. Thereafter, four leopard
skins were recovered from the bag of the accused Chand Ram and three leopard
skins were recovered from the bag of accused Anil Kumar. Both the accused
were asked to produce any authority/document or license to prove bonafide
possession of wildlife skins but they did not produce any such document. The
skins were marked no. 1 to VII and were converted into two separate pullandas
which were sealed with the seal MCS/CBI and were taken into possession.
Search of Maruti Esteem bearing registration no. HR 05 G 0978 which was hired
by accused persons was also carried out but nothing incriminating was found.
Both the accused were arrested. Both the accused were produced before the
 Court and thereafter, the present complaint was filed after receipt of report from
Faculty of wildlife Science.

b. That complainant/CBI through DSP Shri R.D. Kalia filed the present complaint u/s
55 of Wild Life (Protection) Act, 1972 (for short the ‘Act’) against the both the
accused persons for commission of offence punishable u/s 120-B of IPC r/w Sec.
49, 49 (B)(1) and 51 of the Act.

c. That the Ld. Trial Court after hearing the prosecution as well as the accused and
found that the appellant has committed the offence u/s 49 of Wildlife Protection
Act 1972, and vide its judgment dated 20.04.2017 sentenced both the accused
person with three years simple imprisonment and a fine of Rs. 10000/-.

d. That an application u/s 374 of Cr.P.C against the order of conviction dated 19
April 2017 and order on sentence dated 20 April 2017 was filed before the Hon’ble
District and Sessions Judge, Central District, Tis Hazari Courts, Delhi,

e. That the Hon’ble Court of Ms. Anju Bajaj Chandna, Special Judge, CBI (PC Act)-
06, Central District Tis Hazari while deciding on the application u/s 374 Cr.P.C
filed by the appellant vide its judgment dated 18.08.2018 stated that “ Finding no
merit or substance in the grounds of appeal, I dismiss the appeal”.

Reply to the urgent application for suspending the order on sentence dt. 20.04.17
and grant of bail to the revisionist

1. That in reply to this application , it is submitted that there are two cogitative
judgments of conviction passed by Ld. trial court vide judgment dated 20.04.17
and another by Hon’ble appellate Session Court vide judgment dated.18.08.18.

2. That in view of the judgments accused was held guilty since the prosecution was
able to prove its case against the accused beyond reasonable doubt, Further
more the accused was found involved in an offence which has direct adverse
impact upon the ecosystem of the country, hence he deserve no leniency and
also not entitled for any discretionary relief like bail etc from this Hon’ble Court.

Prayer

It is humbly prayed that the petition for suspension of sentence and bail file by
accused Chand Ram may be dismissed in the interest of justice.

( )
Inspector, CBI, EO-II
New Delhi

Through Counsel;
 Ripu Daman Bhardwaj
Spl. Public Prosecutor of CBI
High Court of Delhi.
 IN THE HON’BLE DELHI HIGH COURT, NEW DELHI
CRIMINAL APPEAL No.________/2018

IN THE MATTER OF :

ANIL KUMAR ------ APPEALANT

Vs

CBI (WILDLIFE) ---- RESPONDENT

AFFIDAVIT

I Vijay Kumar, S/o Late. Shri. Ram Prakash Singh aged about 42 years working
as Inspector in CBI, EO-II, New Delhi do hereby solemnly affirm and state as follows:-

1. That I am conversant with the facts and circumstances of the present case and
competent to swear and affirm this affidavit on the basis of records.

2. That the accompanying reply has been drafted by the counsel at my instructions.
The facts thereof are true and correct to my knowledge based on records. I have
gone through the petition and understand the same and may kindly be read as part
of the present affidavit.

DEPONENT
VERIFICATION

I, the above named deponent do hereby verify that the contents of this affidavit
are true and correct on the basis of official records.

Verified at Delhi on this _____day of _________ 2018

DEPONENT