Ramkrishan Upadhyay

Tribune news service

Chandigarh, August 3

Dismissing a discharge application filed under Section 245 of the CrPC by tattoo artist Kamaljit Singh and his manager Deepak in the monkey detention case, a local court said prima facie there was sufficient material to proceed against the accused persons.

Harlove Singh Rajput, counsel for the accused, had filed the discharge application with the assertion that the Department of Forest and Wildlife through Chief Wildlife Warden had filed a complaint on August 20, last year for proceedings against the accused persons in accordance with law, but the list of prosecution witnesses had not been attached with the complaint.

He argued that it was mandatory for the prosecution to file a list of witnesses along with a complaint. Rajput also argued that no monkey (Rhesus Macaque) was found on the premises of the accused persons.

The alleged animal has neither been found nor seized by the department from the custody of the accused persons or their premises, and the same has not been brought before the court, he argued.

He also said it had not been ascertained, either through scientific examination or through identification that the alleged animal was a protected animal under the schedules provided in the Wildlife Protection Act.

In view of these issues, the accused persons are liable to be discharged, said Rajput.

Chief Wildlife Warden-cum-Deputy Chief Conservator of Forests, UT, Chandigarh, in its reply argued that at this stage, only prima facie case had to be seen by the court.

The evidence submitted with the complaint proved that they were in possession of one monkey. Therefore, they committed an offence under Section 51 read with Section 2(16)(b), 9 and 39 of the Wild Life (Protection) Act, 1972, said the warden.

The warden said a fresh complaint had already been filed as the earlier complaint was not maintainable in the eyes of law and was not filed by competent officials.

After hearing both sides, Lovejinder Kaur, Judicial Magistrate Ist Class, said merely on the ground that the monkey had not been recovered from the possession of the accused persons or their premises, the accused persons cannot be discharged.

“The documents relied upon by the complainant, along with the complaint, i.e., photographs, videos, prima facie established on record existence of evidence to proceed against the accused persons,” said the court. “Prima facie there is sufficient material to proceed against the accused. Accordingly, the present application stands dismissed,” it added.

The court has fixed September 8 as the next date of hearing.