Bombay HC: Confessional statement of accused recorded by Deputy Range Forest Officer is not admissible in evidence

It can, thus, be seen that to the extent the Act of 1972
makes provision for a particular aspect as a special Statute, the
same would override and prevail over the general provisions. It is
trite that what cannot be achieved directly, cannot be allowed to
be achieved indirectly. In the present case, there is a specific
procedure laid down in the Act of 1972 for recording of evidence/
confession by an Officer not below the rank of Assistant Director
of Wild Life Preservation or an Officer not below the rank of
Assistant Conservator of Forest, authorised by the State
government in this behalf. Thus, the said provision cannot be
allowed to be circumvented on the ground that the Forest Officers
not being Police Officers could record the confession, as it would
not be hit by Section 25 of the Evidence Act. Such a confession, if
not hit by Section 25 of the Evidence Act, would certainly be
against the letter and spirit of Section 50(8) of the Act of 1972,
which is a special enactment and which would prevail in the
matter. In such circumstances, I do not find any reason to
interfere with the impugned judgment passed by the learned
Sessions Judge.
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL REVISION APPLICATION NO. 1 OF 2015

State (Through Range Forest Officer Netrawal – Goa)  V Francis Masrenhas,

CORAM :- C. V. BHADANG, J.

Pronounced on : 22ndJune, 2015.
Citation: 2016 ALLMR(CRI)2510

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To what extent provisions of Criminal procedure Code are applicable to proceeding under Wild life protection Act?

 The scheme of Section 50 of the Wild Life Act makes it abundantly clear that Police Officer is also empowered to investigate the offences and search and seize the offending articles. For trial of offences, Code of Criminal Procedure is required to be followed and for that there is no other specific provision to the contrary. Special procedure prescribed is limited for taking cognizance of the offence as well as powers are given to other officers mentioned in Section 50 for inspection, arrest, search and seizure as well of recording statement. The power to compound offences is also conferred under Section 54. Section 51

provides for penalties which would indicate that certain offences are cognizable offences meaning thereby police officer can arrest without warrant. Sub-section (5) of Section 51 provides that nothing contained in Section 360 of the Code of Criminal Procedure or in the

Probation of Offenders Act, 1958 shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park or of an offence against any provision of Chapter 5A unless such person is under 18 years of age. The aforesaid specific provisions are contrary to the provisions contained in Code of Criminal Procedure and that would prevail during the trial. However, from this, it cannot be said that operation of rest of the provisions of the Code of Criminal Procedure are excluded.

IN THE SUPREME COURT OF INDIA

Hon'ble Justice M.B.Shah and Hon'ble Jusitce  B.N.Agarwal.

MOTI LAL  Vs. CENTAL BUREAU OF INVESTIGATION 

Reported in 2002 AIRSCW 1626 = AIR 2002 SC 1691

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