Sansar Chand vs State Of Rajasthan on 20 October, 2010

Supreme Court of India

Sansar Chand vs State Of Rajasthan on 20 October, 2010
Author: M Katju
Bench: Markandey Katju, T.S. Thakur
REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. _2024____OF 2010

[Arising out of Special Leave Petition (Crl.) No.5599 of 2009]

Sansar Chand .. Appellant

-versus-

State of Rajasthan .. Respondent

JUDGMENT

Markandey Katju, J.

1. Leave granted.

2. Shera was the symbol of the recent Commonwealth Games, but ironically Shera has been almost
exterminated in our country. The Sher Khan of Rudyard Kipling's `Jungle Book', which once
abounded in India, is rarely to be seen today.

3. This case reveals how avaricious and rapacious persons have by organized crime destroyed large
parts of the wild life of India and brought many animals e.g. tigers, leopards, bison, etc. almost to
the brink of extinction, thereby seriously jeopardizing and destroying the ecological chain and
ecological balance in our environment.

4. The appellant herein has been convicted under the Wildlife (Protection) Act, 1972 by all the three
courts below and now he is in appeal before us.

5. Before dealing with the facts of this case, we would like to comment upon the background. India,
at one time, had one of the richest and most varied fauna in the world. However, over the last
several decades there has been rapid decline of India's wild animals and birds which is a cause of
grave concern. Some wild animals and birds have already become extinct e.g. the cheetah and others
are on the brink of extinction. Areas which were once teeming with wild life have become devoid of
it, and many sanctuaries and parks are empty or almost empty of animals & birds. Thus, the Sariska

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 Sansar Chand vs State Of Rajasthan on 20 October, 2010

Tiger Reserve in Rajasthan and the Panna Tiger Reserve in Madhya Pradesh today have no tigers.

6. One of the main causes for this depredation of the wild life is organized poaching which yields
enormous profits by exports to China and other countries.

7. Article 48A of the Constitution states as follows :

"48A. Protection and improvement of environment and safeguarding of forest and

wild life. - The State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country".

8. Article 51A (g) of the Constitution states that it is the duty of every citizen of India to protect and
improve the natural environment including the wild life.

9. The Wildlife (Protection) Act, 1972 was enacted for this constitutional purpose. Chapter III of the
said Act prohibits hunting of wild animals except in certain limited circumstances. Chapter IV
enables the State Government to declare any area as a sanctuary or national park, and destruction or
removal of animals from those areas is prohibited except under very limited circumstances. Chapter
V & VA prohibits trade or commerce of wild animals, animal articles or trophies. Chapter VI makes
violation of the provisions of the Act a criminal offence. By the Wildlife Protection (Amendment)
Act, 2002 the punishment has been increased vide Section 51 as amended, and the property derived
from illegal hunting and trade is liable to forfeiture vide Chapter VIA.

10. Before dealing with the facts of this case, we may consider why preservation of wild life is
important for human society.

11. Preservation of wild life is important for maintaining the ecological balance in the environment
and sustaining the ecological chain. It must be understood that there is inter-linking in nature. To
give an example, snakes eat frogs, frogs eat insects and insects eat other insects and vegetation. If we
kill all the snakes, the result will be that number of frogs will increase and this will result in the frogs
eating more of the insects and when more insects are eaten, then the insects which are the prey of
other insects will increase in number to a disproportionate extent, or the vegetation will increase to
a disproportionate extent. This will upset the delicate ecological balance in nature. If we kill the
frogs the insects will increase and this will require more insecticides. Use of much insecticide may
create health problems. To give another example, destruction of dholes (wild dogs) in Bhutan was
intended to protect livestock, but this led to greater number of wild boar and to resultant crop
devastation causing several cases of abandonment by humans of agricultural fields. Destruction of
carnivorous animals will result in increase of herbivorous animals, and this can result in serious loss
of agricultural crops and other vegetation.

12. It must be realized that our scientific understanding of nature, and in particular of the ecological
chain and the linkages therein is still very primitive, incomplete and fragmentary. Hence, it is all the
more important today that we preserve the ecological balance because disturbing it may cause
serious repercussions of which we may have no idea today.

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 Sansar Chand vs State Of Rajasthan on 20 October, 2010

13. As already stated above, the wild life in India has already been considerably destroyed. At one
time there were hundreds of thousands of tigers, leopards and other wild animals, but today there
are only about 1400 tigers left, according to the Wildlife Institute.

14. Until recently habitat loss was thought to be the largest threat to the future of tigers, leopards
etc. However, it has now been established that illegal trade and commerce in skins and other body
parts of tigers, leopards etc. has done even much greater decimation. Poaching of tigers for
traditional Chinese medicine industry has been going on in India for several decades. Tigers and
leopards are poached for their skins, bones and other constituent parts as these fetch high prices in
countries such as China, where they are valued as symbols of power (aphrodisiacs) and ingredients
of dubious traditional medicines. This illegal trade is organized and widespread and is in the hands
of ruthless sophisticated operators, some of whom have top level patronage. The actual poachers are
paid only a pittance, while huge profits are made by the leaders of the organized gangs who have
international connection in foreign countries. Poaching of wild life is an organized international
illegal activity which generates massive amount of money for the criminals.

15. Interpol says that trade in illegal wild life products is worth about US$ 20 billion a year, and
India is now a major source market for this trade. Most of the demand for wildlife products comes
from outside the country. While at one time there were hundreds of thousands of tigers in India,
today according to the survey made by the Wildlife Institute of India (an autonomous body under
the Ministry of Environment and Forests), there were only 1411 tigers left in India in 2008. There
are no reliable estimates of leopards as no proper census has been carried out, but the rough
estimates show that the leopard too is a critically endangered species.

16. There is virtually no market for the skins or bones of tigers and leopards within India. The
evidence available points out that tigers and leopards, poached in the Indian wilderness, are then
smuggled across the border to meet the demand for their products in neighbouring countries such
as China. When dealing with tiger and leopard poachers and traders, it is therefore important to
bear in mind that one is dealing with trans-national organized crime. The accused in these cases
represents a link in a larger criminal network that stretches across borders. This network starts with
a poacher who in most cases is a poor tribal and a skilled hunter. Poachers kill tigers and leopards so
as to supply the orders placed by a trader in a larger city centre such as Delhi. These traders are very
wealthy and influential men. Once the goods reach the trader, he then arranges for them to be
smuggled across the border to his counterpart in another country and so on till it reaches the end
consumer. It is impossible for such a network to sustain itself without large profits and intelligent
management.

17. Under the Wildlife (Protection) Act, 1972, trading in tiger, leopard and other animal skins and
parts is a serious offence. Apart from that, India is a signatory to both the UN Convention on
International Trade in Endangered Species (CITES) and the UN Convention against Transnational
Organized Crime (CTOC). However, despite these National and International laws many species of
wildlife e.g. tigers, leopards, bison etc. are under threat of extinction, mainly due to the poaching
organized by international criminal traders and destruction of the habitats.

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 Sansar Chand vs State Of Rajasthan on 20 October, 2010

18. Sansar Chand, the appellant before us has a long history of such criminal activities, starting with
a 1974 arrest for 680 skins including tigers, leopards and others. In the subsequent years the
appellant and his gang has established a complex, interlinking smuggling network to satisfy the
demand for tiger and leopard parts and skins outside India's borders, particularly to China. It is
alleged that the appellant and his gang are accused in 57 wildlife cases between 1974 and 2005.

19. Sansar Chand the appellant herein has a long history of involvement with wildlife crime. A brief
account of the same is given below:

(i) In a seizure dated 11.09.1974 having criminal case No. 20/3 Sansar was held guilty
by the Court of Shri H.P. Sharma ACMM, Delhi on 1.8.1981 and sentenced on
3.8.1981 to rigorous imprisonment for one year and six months. This Court vide it's
judgment dated 13.5.1994 ordered the release of Sansar Chand on the ground that he
was a juvenile on the date of the offence and his sentence be considered to have
undergone.

(ii) In another seizure dated 20.11.1974 he was held guilty and sentenced to pay a fine
of Rs. 20,000/-.

(iii) The third conviction of Sansar Chand was by the Special Railways Court vide it's order dated
20.4.2004 which was pleased to award Sansar Chand rigorous imprisonment for 5 years. The said
judgment has been subsequently affirmed by the Sessions Court on 19.10.2006 and the High Court
of Rajasthan vide it's order dated 10.12.2008 against which Sansar Chand has preferred this special
leave petition.

(iv) In addition to the above there are other cases pending against the appellant which provide
details of his pending cases in various Courts and which were admitted by him in his statement
under Section 313 Cr.P.C. and which are Ex. P- 46 and P-47. These exhibits show the extent of
involvement of Sansar Chand in wildlife crime.

(v) In order to highlight the extent of the organized nature of wildlife crimes being committed by the
appellant, it is important to mention here that it is not just Sansar Chand, but other members of his
family and associations who are also involved in the illegal trade in wildlife. It is alleged that the
appellant's younger brother Narayan Chand is mentioned in FIR No. 82/2005, Kamla Market Police
Station, New Delhi, involving the seizure of, inter alia, 2 tiger skins, 38 leopard skins and 1 snow
leopard skin and has been named as an accused in the complaint filed under Section 55 of the Wild
Life (Protection) Act, 1972 in this case. Narayan Chand is also an accused in Court Case No.
1145/2009 being tried before the Additional Chief Judicial Magaistrate, Haldwani, arising from
Preliminary Offence Report No. 13/Fatehpur/2008-2009, involving the seizure of 1 tiger skin and a
tiger skeleton. Sansar Chand's wife Rani and son Akash are accused in the case arising from FIR No.
362/2004, Manak Chowk Police Station, Jaipur, involving the seizure of leopard paws and claws.
CBI in the year 2005 invoked MCOCA against Sansar Chand and his family members and associates
which case is pending trial in a Delhi Court.

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 Sansar Chand vs State Of Rajasthan on 20 October, 2010

20. The present case is only one of the cases in which the appellant has been accused. The facts of
the case have been set out in detail in the judgment of the High Court and hence we are not
repeating the same here. Briefly stated, on January 5, 2003 the police arrested one Balwan who was
traveling in a train with a carton containing leopard's skin. During investigation the said Balwan on
January 7, 2003 made a disclosure statement to the SHO, GRP Bhilwara that the two leopard skins
were to be handed over to Sansar Chand at Sadar Bazar, Delhi. The appellant was charge sheeted
and after trial he was convicted by the Additional Chief Judicial Magistrate (Railways), Ajmer,
Rajasthan by his judgment dated 29.4.2004. The appellant filed an appeal which was dismissed by
the Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer vide his judgment dated
19.8.2006. Thereafter the appellant filed a Revision Petition, which was dismissed by the Rajasthan
High Court by the impugned judgment dated 10.12.2008. Hence, this appeal.

21. Thus, all the courts below have found the appellant guilty of the offences charged.

22. Learned counsel for the appellant submitted that the prosecution case is solely based on the
extra judicial confession made by co-accused Balwan vide Ex.P-33. We do not agree. Apart from the
extra judicial confession of Balwan there is a lot of other corroborative material on record which
establishes the appellant's guilt.

23. It must be mentioned that persons like the appellant are the head of a gang of criminals who do
illegal trade in wildlife. They themselves do not do poaching, but they hire persons to do the actual
work of poaching. Thus a person like the appellant herein remains behind the scene, and for this
reasons it is not always possible to get direct evidence against him.

24. In the courts below the prosecution filed a list of pending cases against Sansar Chand, in some of
which he has been found guilty and punished. The appellant has been prosecuted by the Wildlife
Department in various courts as mentioned in the letter of the Deputy Inspector General of Police,
CBI, New Delhi to the Inspector General of Police, Jaipur dated October 20, 2004.

25. Ex.P-33 which contains the confession of the appellant, was written by PW-11 Arvind Kumar on
the instructions given by the accused Balwan while in custody. Prior to Ex.P-33, Balwan has also
disclosed the name of the appellant vide Ex.P-6 on January 6, 2003.

26. In our opinion, Ex.P-33 supported by the evidence of Arvind PW 11 and Ex.P-6 cannot be treated
to be concocted documents which cannot be relied upon. As per the disclosure statement of Balwan
the other co-accused persons were also arrested and articles used for killing and removing skins
from the bodies of leopards were also recovered.

27. The accused Balwan was released on bail on 18.01.2003, and thereafter he sent the written
confession Exh.P-33 on 23.01.2003 during judicial custody at Central Jail, Ajmer. In our opinion it
cannot be held that the accused Balwan was under any pressure of the police. The said letter Ex.P-33
dictated by Balwan to Arvind Kumar was directly sent from the Central Jail, Ajmer to the Chief
Judicial Magistrate's Court, Ajmer. We are of the opinion that the letter P-33 was not fabricated or
procured by pressure. The accused Balwan has clearly stated in Exh.P-33that he was paid Rs.5000/-

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 Sansar Chand vs State Of Rajasthan on 20 October, 2010

and Rs.10000/- by the appellant. The appellant has several houses in Delhi, purchased in his name
and in the name of his wife. It appears that these houses were purchased with the help of gains made
out of his illegal activities stated above.

28. Pw-11 Arvind Kumar has stated in his deposition before the Court that he wrote the letter
Ex.P-33 at the instance of the accused Balwan. The thumb impression of the accused Balwan is on
that letter.

29. At the instance of the appellant one Bhua Gameti was questioned who stated that the panther's
skin had been taken by various persons e.g. Khima, Nawa, Kheta Ram, Mohan and Chuna, who were
also arrested. At their pointing out the equipment used for hunting the leopard and poaching it were
seized. Panther's nails were also recovered from accused Bhura and the guns, cartridges, and knives
for removing the skins of panthers were recovered from the accused.

30. There is a large amount of oral and documentary evidence on record which has been discussed
in great detail by the learned Magistrate and the learned Special Judge and hence we are not
repeating the same here. Thus the appellant has rightly been held guilty beyond reasonable doubt.

31. As already stated above, in such cases it is not easy to get direct evidence, particularly against the
leader of the gang (like the appellant herein).

32. The appellant, Sansar Chand has been doing this illegal trade for more than 30 years. He is
habitual of doing this illegal business of trade in skins and parts of panthers and tigers. He has, as
far back as in 1974, committed his first crime when he was barely 16 years of age and the conviction
was upheld by the Supreme Court in Criminal Case No. 15 of 2001. A large number of cases are
pending against him in Delhi, Uttar Pradesh and Rajasthan. Taking all these materials into account
there is no doubt that the appellant is guilty of the offence charged.

33. There is no absolute rule that an extra judicial confession can never be the basis of a conviction,
although ordinarily an extra judicial confession should be corroborated by some other material vide
Thimma vs. The State of Mysore - AIR 1971 SC 1871, Mulk Raj vs. The State of U.P. - AIR 1959 SC
902, Sivakumar vs. State by Inspector of Police - AIR 206 SC 563 (para 41 &

42), Shiva Karam Payaswami Tewar vs. State of Maharashtra

- AIR 2009 SC 1692, Mohd. Azad vs. State of West Bengal - AIR 2009 SC 1307. In the present case,
the extra judicial confession by Balwan has been referred to in the judgments of the learned
Magistrate and the Special Judge, and it has been corroborated by the other material on record. We
are satisfied that the confession was voluntary and was not the result of inducement, threat or
promise as contemplated by Section 24 of the Evidence Act.

34. The learned Magistrate and the Special Judge have discussed in great detail the prosecution
evidence, oral as well as documentary and have found the appellant guilty. The High Court has
affirmed that verdict and we see no reason to take a different view. The appeal, therefore, stands

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 Sansar Chand vs State Of Rajasthan on 20 October, 2010

dismissed.

35. Before we part with this case, we would like to request the Central and State Governments and
their agencies to make all efforts to preserve the wild life of the country and take stringent actions
against those who are violating the provisions of the Wildlife (Protection) Act, as this is necessary
for maintaining the ecological balance in our country.

....................

................J.

(MARKANDEY KATJU) .....................................J. (T. S. THAKUR) NEW DELHI;

th 20 OCTOBER, 2010

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