AIR 2003 ANDHRA PRADESH 321 ::(2003) 3 Andh LT 47 ::(2003) 2 AndhLD 858 ::(2003) 6 AllIndCas 757 (AP)

Andhra Pradesh High Court

Hon'ble Judge(s): V. V. S. Rao , J

Wild Life (Protection) Act (53 of 1972) , S.40— Wild Life (Protection) (Andhra Pradesh) Rules (1974) , R.34— Wild Life trophy - Application for issuance of ownership certificate and possession of trophy by petitioner - Declaration filed by petitioner giving description of article as per Rule 34 in his possession - Enquiry by forest officials as to whether trophy possessed legally - No notice in regard to date of enquiry and date of inspection given to petitioner - Seizure of trophy i.e. tiger skin is illegal. (Para 5) From reading of S. 40(1) and R. 35 of the Rules it becomes very clear that after making a declaration the Authorised Officer has to give notice to the declarant as to the date and time on which the officer shall enter upon the premises. After giving such notice, the Warden or Authorised Officer has to conduct enquiry and come to a conclusion as to whether such trophy is kept illegal. In every case where the person gives declaration either under S. 40 (1) of the Act or R. 35 of the Rules, the law does not contemplate seizure of the article. Before recording a finding that there is violation of Chapter VA, a notice as to the date of enquiry and date of inspection has to be given. The file produced from the office of the Chief Wild Life Warden does not show that any such notice was issued to the pe....