Law:

Section:

(a) Balochistan Wildlife Protection Act (XIX of 1974)--- ----Ss. 9, 10, 19, 27 & 30---Criminal Procedure Code (V of 1898), S.561-A---Quashing of orders---Accused had been charged for the illegal possession and transportation of cranes (birds) which enjoyed protection under the Balochistan Wildlife Protection Act, 1974---All the accused pleaded guilty and they were fined a sum of Rs.1000 each by the Judicial Magistrate and allowed to leave the 190 cranes in their possession---Sessions Court on revision petition preferred by the Executive District Officer, Forest and Wildlife, remanded the cases to the Judicial Magistrate for recovery of all the captured cranes from the accused and their delivery to the Forest Officer, vide impugned orders---Validity---Said cranes had since died on account of a contagious viral infection---Two years had passed since the F.I.Rs. were lodged against the accused---Magistrate had not considered the number of birds in the illegal custody of the accused, but instead the individuals involved, and imposed the maximum stipulated fine of Rs.1000 on each of them---Illegal possession of each crane being a separate offence, fine should have been commensurate with the offence---Fine extending to Rs.1000 had been prescribed in the year 1974 and Magistrate should have taken into consideration the intent of Legislature and the fact that the value of money since the lapse of 37 years had depreciated considerably and that imposition of fine of Rs.1000 per accused and not per crane, could neither be deemed to be sufficient, nor prove to be a deterrent to offenders---State had not filed appeals against the s of Magistrate and Sessions Court had not interfered with the s of Magistrate on this score, it was not proper to enhance the sentence of accused at present stage---Accused had now paid an amount of Rs.95000, which would reflect on their illegal actions and prove to be deterrent---Cranes having died could not be produced before Trial Court---Fine at the rate of Rs.500 per bird, total Rs.95000 under S.9 of the Balochistan Wildlife Protection Act, 1974, was imposed by High Court, which had been paid by the accused---Case pertained to the illegal…

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