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Emphasizing the need for strict enforcement of wildlife protection laws, the Delhi High Court has disapproved of the 2-day sentence awarded to individuals convicted of dealing in shahtoosh shawls, which are derived from the endangered Tibetan antelope.
The court observed that imposing a punishment lower than the statutory minimum under the Wild Life (Protection) Act would undermine its objective and set a dangerous precedent.
CBI’s Appeal & Court’s Ruling
The ruling came in response to a plea filed by the Central Bureau of Investigation (CBI) challenging the leniency of the sentence. Justice Chandra Dhari Singh noted that since the Act mandates a minimum jail term of three years, the lower court lacked the discretion to impose a lesser sentence of “time already served in jail” alongside a fine.
The court stressed that the severity of the offence should not be downplayed merely because the accused were not directly involved in poaching. The Wild Life (Protection) Act prohibits not only the killing of protected species but also the possession, trade, and facilitation of such illegal activities.
Legislative Intent
“The Act was enacted to curb wildlife-related offences that threaten ecological balance and biodiversity. Its stringent provisions, including the exclusion of probationary relief, reflect the legislature’s intent to deter illegal trade and exploitation of endangered species. Granting a sentence below the prescribed minimum would weaken the enforcement mechanism and set a dangerous precedent,” the court stated in its judgment delivered on Tuesday.
It further noted that the accused were found guilty of dealing in shahtoosh shawls, made from Tibetan antelope wool, a species protected under Schedule I of the Act. The court observed that the special judge failed to consider that none of the accused had spent more than two days in custody, rendering the sentence of “time already served” legally unsound.
Case Remanded For Fresh Sentencing
Setting aside the lower court’s ruling, the High Court directed the special court to issue a revised sentencing order within 3 months.
The case dates back to 2005, when authorities discovered eight shahtoosh shawls during a search of the accused’s premises, with additional shawls seized in subsequent raids. The decision reinforces the judiciary’s commitment to stringent enforcement of wildlife protection laws and deterring illegal trade in endangered species.
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