Case Note & Summary
The case involved an appeal by the appellant against the jurisdiction of the Central Bureau of Investigation (CBI) to investigate offences under the Wildlife (Protection) Act, 1972. The appellant was arrested for transporting illegal wildlife products, specifically skins of protected animals, and challenged the transfer of the investigation to the CBI. The appellant contended that the Wildlife Act was a self-contained code that provided comprehensive provisions for investigation and that the CBI lacked jurisdiction. The respondents argued that the necessary notifications had been issued by the Central Government and the State of U.P. granting the CBI the authority to investigate. The court analyzed the relevant sections of the Wildlife Act and the Code of Criminal Procedure, concluding that the CBI was indeed authorized to investigate the offences as the notifications were valid and the provisions of the Wildlife Act did not preclude police officers, including those from the CBI, from conducting investigations. The court dismissed the appeal, affirming the High Court's decision that the CBI had jurisdiction to proceed with the investigation.
Headnote
A) Criminal Procedure - Jurisdiction of CBI - Authority to Investigate Wildlife Offences - Wildlife (Protection) Act, 1972, Sections 50, 51 - The court held that the CBI was authorized to investigate offences under the Wildlife Act as notifications were issued by both the Central Government and the State of U.P. granting consent for such investigation. The provisions of the Wildlife Act do not exclude the jurisdiction of the CBI in this context (Paras 6-7).
Issue of Consideration
Whether the Central Bureau of Investigation (CBI) was authorized to investigate an offence punishable under the Wildlife (Protection) Act, 1972.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the CBI had jurisdiction to investigate the offences under the Wildlife (Protection) Act, 1972.
Law Points
- jurisdiction of CBI
- Wildlife (Protection) Act
- 1972
- Code of Criminal Procedure
- 1973
- investigation powers
- consent of State Government
