The Bombay High Court recently ruled that there is no prohibition for the possession of skin of dead animals and in absence of such prohibition; no offence would be made out under Maharashtra Animal Preservation Act, 1976
The bench of Justices V. M. Deshpande & Anil S. Kilor
further noted that even if any circular/notification/order is issued by the State Government, prohibiting possession of skin, such circular, notification or order , then it won’t prevail over the provisions of the statute and to that extent, it would be in contravention with the statute. Thus, the Court said that the contravention of any such notification or circular or order as regards possession of skin will not attract Section 188
of the Indian Penal Code, 1860
The prosecution alleged that a Pick Up Bolero van was found carrying animal's skin and therefore, on a complaint lodged by the President of Bajrang Dal, Khamgaon, a first Information Report was registered.
It was the further case of the prosecution that on verification, it was found that the vehicle was carrying 187 skins of cow species, which was verified by the Animal Husbandary Department. The Court observed, the applicant was carrying 187 skins of cows in the van.Court's observations
Consequently, the Court said that no offence under Section 5-, 5-, 5-attracts in the present matter and consequently Section 9 and 9- also would not attract. Lastly, noting that no offence constitutes against the applicant as alleged, the Court opined that the instant case was a fit case to exercise jurisdiction under Section 482, CrPC, 1973
for quashing of the First Information Report in question. [READ ORDER]