Muzammil Hussain v. The State of Assam

ORDER

21.08.2024

¶1Heard Mr. M. P. Borah, learned counsel appearing for the petitioner as well as Mr. D. Gogoi, learned standing counsel, Wildlife.

¶2By filing this petition under Section 482 of BNSS, 2023 the petitioner, namely, Muzammil Hussain, has prayed for grant of pre-arrest bail in connection with Preliminary Offence Report No.G/WL/02 of 2024-25 dated 20.07.2024 u/s 9/39/52 and punishable under Section 51 of Wild Life Protection Act, 1972 read with the Wild Life (Protection)(Assam Amendment) Act, 2009. Page No.# 2/4

¶3The factual matrix leading to this bail application is that in Golaghat District, a female elephant was found dead inside the butterfly park within NRL Township. It is alleged in the preliminary offence report that the NRL officers came to know about the incident at about 8.20 am on 18.07.2024. But the fact was reported to Golaghat DFO at about 5 pm on the same day. On visiting the spot on receipt of the information, it was noticed that the elephant was buried in a freshly dugged pit without taking any permission from the forest department. From preliminary investigation, it was found that the elephant got electrocuted from an exposed armoured cable.

¶4It was urged by the learned counsel for the petitioner that the petitioner is the staff of NRL, working as Engineering Assistant. His work is to assist the Superior officer of the Refinery.

¶5It is also the submission of learned counsel for the petitioner that being the staff of NRL on 18.07.2024 on instruction of co-accused, Bedanga Kumar Kashyap, the petitioner rushed to the spot and disconnected the electric cable from the elephant at around 8 am.

¶6According to learned counsel for the petitioner, as the petitioner is the non management staff of the NRL and his duty is only to supervise the electric fault, under such backdrop, the petitioner is no way connected with the alleged offence. Hence, the benefit of pre-arrest bail may be extended to the petitioner.

¶7Mr. D. Gogoi, learned standing counsel, Wildlife, has submitted that the case is under investigation. It is further submitted that the Indian elephant is a protected species under Schedule 1 of the Act and the act of injuring or attempt to injure and driving away by teasing of the protected species attracts the provision of Wildlife Act which is punishable under Section 51 of the Act.

¶8It is further submitted that though two accused persons were arrested in Page No.# 3/4 connection with the case but the present petitioner is still absconding. Grant of bail may be demeritorious to the ongoing investigation as he may influence the witnesses and tamper the evidence. Hence, learned standing counsel, Wildlife prays for dismissal of the bail application. In support of his submission, the learned standing counsel has placed reliance on the following case laws:

(1) State represented by the CBI vs Anil Sharma (AIR 1997 SC 3806).

(2) BA 3226/2021 (Sankar Sutradhar and Anr. Vs State of Assam).

(3) BA 354/2023 (Dharmendra Patgiri vs State of Assam).

(4) State and others vs Amar Mani Tripathi and Ors reported in

(2005) 3 ACR 2995 SC.

¶9Having heard the learned counsel for both the parties and on perusal of the offence report, the admitted position is that a female elephant was found dead inside the Butterfly Park, NRL Township. Though the arrested to-accused who are officers of the NRL came to know about the death of the elephant inside the township in the morning hour around 8.30 am but they informed the forest department in the evening time at about 5.30 pm. The cause shown by the petitioners regarding delay of information due to network connectivity issues cannot be considered to be acceptable one. The NRL has enough staff and there might not be any hindrance to inform the matter to the concerned forest department by sending a messenger even. As per offence report, the arrested accused/petitioners instructed some persons to hide the carcass by digging a pit and putting salt for faster decomposition with the malafide intention to destroy the evidence. The hunting of Asiatic elephant, keeping the carcass of schedule 1 wild animal is an offence punishable under Section 51 of the Act.

¶10The post mortem report of the elephant is also available in the offence report Page No.# 4/4 from which it reveals that the veterinary doctor who examined the carcass of the dead elephant, opined that the animal might have died due to cardiac respiratory failure owing to the possibility of electrocution. The report further shows a column observation of the surroundings, which reflects a switch board of loop of electric wires, exposed and broken.

¶11In view of the fact that the investigation is still pending and considering the gravity of the offence, this Court is not inclined to grant bail to the petitioner. However, the respondent/State is directed to complete the investigation at the earliest.

¶12Accordingly, the bail application stands rejected.

¶13This bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010165072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2140/2024 MUZAMMIL HUSSAIN S/O LOTIFUL HUSSAIN RESIDENT OF UNISEX PARLOUR FURKATING TOWN, PO AND PS FURKATING, DIST GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REP. BY SPECIAL PP, FOREST DEPT. AND WILDLIFE PROTECTION ACT, Advocate for the Petitioner : MR. M P BORAH, Advocate for the Respondent : SPL PP WILDLIFE FOREST ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI