Law:

Section:

Khyber Pakhtunkhwa Wildlife Protection (Preservation Conservation and Management) Act (V of 1975)--- ----Ss. 8, 9, 10, 22, 29 & 34---Criminal Procedure Code (V of 1898), Ss. 164, 364, 243 & 103---Restriction on hunting, killing or capturing animals in Wildlife Reserve---Acts restricted in a National Park---Restriction on killing or capturing of Protected or Game animals---Controlled hunting areas---Unlawful possession of animals, trophies or meat---Penalties---Power to record statements and confessions---Examination of accused how recorded---Conviction on admission of truth of accusation---Search to be made in presence of witnesses---Appreciation of evidence---Scope---Accused allegedly got recovered a head of Ibex from his cattle shed---Magistrate had neither properly recorded the confessional statement of accused nor had he certified the statement under the mandatory provisions of S. 364(2), Cr.P.C.---Magistrate was obliged to ask the accused after he had made admission of the charge to show as to why he should not be convicted and sentenced---Purpose of S. 243, Cr.P.C. was to avoid involuntary admission---No independent marginal witness was present at the time of recovery of the head of Ibex---Constitutional petition was allowed and the impugned orders were set aside. THIS JUDGMENT DELIVERED BY: ALI BAIG, JUSTICE:---.--- Through the instant writ petition filed under Article 86(2) of Gilgit-Baltistan Order 2018 read with section 561-A, Cr.P.C. against the impugned judgment/conviction order dated 30-10-2019, passed by the appellate authority/Secretary Forest and Wildlife Gilgit-Baltistan, whereby, the respondent No.1 has maintained the impugned order passed by the respondent No.2, whereby, the respondent No.2 had convicted the petitioner and sentenced to imprisonment for 6 months and has also imposed a fine of Rs.100,000/- on the petitioner/convict. 2. Succinctly facts giving rise to the filing of the instant writ petition are that the Field Staff of Wildlife Department posted at Bagrote valley reported the matter to DFO Wildlife Department Gilgit that they have recovered one head of Ibex from the cattle shed of the present petitioner/convict.…

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