Recognizing the imperative for rigorous enforcement of wildlife protection statutes, the Delhi High Court has expressed strong disapproval of the two-day custodial sentence imposed on individuals convicted of engaging in the trade of shahtoosh shawls, which are derived from the endangered Tibetan antelope.
The court underscored that any sentence falling below the statutory minimum prescribed under the Wild Life (Protection) Act subverts the law’s fundamental objectives and establishes a precarious legal precedent.
CBI’s Appeal and Judicial Determination
The ruling arose from a petition filed by the Central Bureau of Investigation (CBI), which challenged the perceived inadequacy of the sentence. Justice Chandra Dhari Singh articulated that the Act mandates a minimum incarceration period of three years, and thus, the lower court lacked judicial discretion to impose a reduced sentence of “time already served in jail” accompanied solely by a financial penalty.
Furthermore, the court emphasized that the gravity of the offence is not diminished by the fact that the accused were not directly involved in poaching. The Wild Life (Protection) Act extends its prohibitions beyond the act of hunting protected species to include possession, trade, and any facilitation of such unlawful activities.
Legislative Intent
“The Act was promulgated to curb wildlife-related transgressions that pose a significant threat to ecological equilibrium and biodiversity. The legislature, through its stringent provisions—including the exclusion of probationary relief—has demonstrated an unequivocal intent to deter the illicit trade and exploitation of endangered species. Any judicial leniency that contravenes the prescribed minimum penalty would subvert the enforcement framework envisioned by the legislature and establish a deleterious precedent,” the court asserted in its ruling on Tuesday.
The judgment further delineated that the accused were conclusively found guilty of trading in shahtoosh shawls, which are sourced from the Tibetan antelope, a species classified under Schedule I of the Act. The court criticized the special judge’s failure to acknowledge that none of the accused had served more than two days in custody, rendering the imposed sentence of “time already served” a clear deviation from statutory requirements.
Case Remanded For Resentencing
In overturning the lower court’s ruling, the High Court directed the special court to issue a revised sentencing order within a three-month period, aligning with statutory mandates.
This case, originating in 2005, involved the discovery of eight shahtoosh shawls during a search of the accused’s premises, with additional shawls confiscated in subsequent operations. The decision underscores the judiciary’s commitment to the strict enforcement of wildlife protection laws and the categorical deterrence of the illicit trade in endangered species.
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