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Wild Life (Protection) Act, 1972


50. Power of entry, search, arrest and detention

(1) Notwithstanding anything contained in any other law for the time being in force, the Director or any other officer authorized by him in this behalf or the Chief Wild Life Warden or the authorized officer or any forest officer or any police officer not below the rank of a sub-inspector, may, if he has reasonable grounds for believing that any person has committed an offence against this Act,-

 

(a) require any such person to produce for inspection any captive animal, wild animal, animal article, meat, 62[trophy, uncured trophy-specified plant or part or derivative thereof] in his control, custody or possession, or any license, permit or other document granted to him or required to be kept by him under the provisions of this Act;

 

(b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premises, land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things in his possession;

 

62[(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this Act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest him without warrant, and detain him:

 

Provided that where a fisherman residing within ten kilometers of a sanctuary or National Park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or National Park, a fishing tackle or net on such boat shall not be seized.]

 

63[***]

 

(3) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detain any person, whom he sees doing any act for which a license or permit is required under the provisions of this Act, for the purposes of requiring such person to produce the license or permit and if such person fails to produce the license or permit, as the case may be, he may be arrested without warrant, unless he furnishes his name and address, and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him.

 

64[(3A) Any officer of a rank not inferior to that of an Assistant Director of Wild Life Preservation or Wild Life Warden, who, or whose subordinate, has seized any captive animal or wild animal under clause (c) of sub-section (1) may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.]

   

(4) Any person detained, or things seized under the foregoing power, shall forthwith be taken before a Magistrate to be dealt with according to law.

 

(5) Any person who, without reasonable cause, fails to produce anything, which he is required to produce under this section, shall be guilty of an offence against this Act.

 

(6) (a) Where any 62[ meat, uncured trophy, specified plant, or part or derivative thereof] is seized under the provisions of this section, the Assistant Director of Wild life Preservation or any other officer of a gazetted rank authorized by him in this behalf or the Chief Wild Life Warden or the authorized officer may arrange for the sale of the same and deal with the proceeds of such sale in such manner as may be prescribed.

       

(b) Where it is proved that the 62[meat, uncured trophy, specified plant, or part or derivative thereof] seized under the provisions of this section is not Government property, the proceeds of the sale shall be returned to the owner.

 

(7) Whenever any person is approached by any of the officers referred to in sub-section (1) for assistance in the prevention or detection of an offence against this Act, or in apprehending persons charged with the violation of this Act, or for seizure in accordance with clause (c) of sub-section (1), it shall be the duty of such person or persons to render such assistance.

 

64[(8) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an Assistant Director of Wild Life Preservation or Wild Life Warden shall have the powers, for purposes of making investigation into any offence against any provision of this Act,-

 

(a) to issue a search warrant;

 

(b) to enforce the attendance of witnesses;

 

(c) to compel the discovery and production of documents and material objects; and

 

(d) to receive and record evidence.

 

(9) Any evidence recorded under clause (d) of sub-section (8) shall be admissible in any subsequent trial before a Magistrate provided that it has been taken in the presence of the accused person.]



Wild Life (Protection) Act, 1972 Back




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