Lesser sentence than minimum prescribed under wildlife law sets dangerous precedent: HC

Observing that granting a sentence lesser than the prescribed minimum under the law for protection of wildlife and environment would frustrate its object and set a dangerous precedent for future cases, the Delhi High Court has disapproved of an effective sentence of two days awarded to persons guilty of dealing in shahtoosh shawls derived from Tibetan antelopes.

Dealing with the Central Bureau of Investigation's (CBI) plea against the sentence, Justice Chandra Dhari Singh said when the Wild Life (Protection) Act has prescribed a minimum jail time of three years, the lower court did not have the discretion to impose the lesser sentence of the "period already undergone in jail" along with a fine.

The court said the gravity of the offence could not be undermined merely on the ground that the accused were not directly involved in the killing of the animals as the prohibition extended to possession, trade and facilitation of trade in such articles.

"The Act was enacted with the objective of curbing wildlife-related offences that pose a serious threat to ecological balance and biodiversity. The stringent provisions, including the exclusion of probationary relief, reflect the legislative determination to deter illegal trade and exploitation of endangered species. Granting a sentence lesser than the prescribed minimum would frustrate the very object of the Act and set a dangerous precedent for future cases, thereby weakening the enforcement mechanism envisaged by the legislature," the court said in a judgment delivered on Tuesday.

"In the present case, the accused persons have been found guilty of dealing in shahtoosh shawls, which are derived from the Tibetan Antelope, a species listed under Schedule I of the Act. This court is of the view that the learned special judge has failed to take into account the fact that all the accused persons were granted bail by the court concerned and none of the accused persons has undergone imprisonment of more than two days, therefore, the award of punishment of the period already undergone in jail is bad in law on the face of it," it concluded.

The court set aside the decision and remanded the matter to the special court for passing a fresh order within three months on the sentence.

The accused were found to be in possession of eight shahtoosh shawls in 2005 during a search conducted on their premises and some more shawls were seized later.