Delhi HC quashes case against 'in-charge' of school for possessing banned mongoose hair brushes

New Delhi, Dec 7 (PTI) The Delhi High Court has quashed a complaint case for allegedly violating the Wildlife (Protection) Act against a person who was purportedly the in-charge of the management of a school where a raid in 2013 led to the recovery of seven mongoose hair brushes from its biology laboratory.

Justice Neena Bansal Krishna was hearing a petition challenging the criminal proceedings initiated against the accused, Deepesh Gupta, who was booked for keeping the prohibited wildlife articles (brushes) for educational purposes at the Bal Bhawan Senior Secondary School in Laxmi Nagar here.

Advocate Sumeet Verma, the petitioner's counsel, said the complaint was filed against the alleged in-charge of the school, but not against the school or society, which was in violation of the mandatory Wildlife Act provisions.

In its order dated December 1, made available with a corrigendum on Saturday, the court noted Verma's submissions that the batches of mongoose brushes were procured before the carnivorous mammal was declared a banned species under the Wildlife Act in September 2002.

It, however, said that though the brushes were acquired before possession of the animal or its articles was not legally prohibited, the school failed to disclose or provide a declaration about the lawful possession of the banned articles, in terms of the Wildlife Act.

The court said the complaint was maintainable as it disclosed a prima facie offence under the provisions of the Wildlife (Protection) Act.

Regarding the charges against Gupta, the court said, "There is nothing to show that the petitioner was even an employee of the school at the time of the alleged offence in 2002 (when mongoose was declared a protected species) or even thereafter, he was the person in charge of the management, especially the biology laboratory." In the absence of a single averment or document in support of the aforesaid, the petitioner cannot be held responsible for the alleged dereliction found to have been committed by the school, it said.

The court also said the complaint failed to disclose that Gupta was the person responsible for the matters of administration, management, expenditure and purchase of goods for the school, and was therefore entitled to be discharged.

Allowing the appeal, the court quashed the complaint case and the FIR against Gupta. PTI MNR ARI