KARACHI, Dec 17: An additional sessions judge of Lasbela has reduced the sentence of one month rigorous imprisonment given to two wildlife traffickers to a week and fined them Rs1,000 each.
A judicial magistrate of Uthal had sentenced the convicts to one month rigorous imprisonment on Dec 3, 2012.
In his order on an appeal filed by the convicts — Akber Nawaz and Aamir Mustafa — the additional sessions judge of Lasbella at Hub, Bashir Ahmed Badini, says, “through this order I intend to dispose of the appeal in hand submitted by the appellant against the order dated 03-12-2012 passed by the Judicial Magistrate, Uthal convicted and sentenced the appellants/ accused persons under offences of Balochistan Wildlife Act 1974 for a period of one month each with benefit of Section 382-B CrPC.
“After register of appeal, notice issued and called for record, whereupon the counsel for appellants appeared before the court along with father of appellant Amir Mustafa, and also filed an application along with medical documents with contention that the appellant is a patient, and that the order of the JM Uthal is contrary to law and liable to be set aside.”
The order adds, “After arguments from both side the case file along with the documents annexed with the appeal perused case fully reveals that the appellants challaned by the assistant district forest officer, Hub, in offence under Sections 5,6,8,11,12 Wildlife Act 1874 with allegation that two live along with five slaughtered “Talore” (houbara bustards) and 18 live with 20 slaughtered “teetar” (partridges) were recovered from the appellants near Gadani Nakka, whereupon they sent up to the court of Judicial Magistrate, Uthal where during summary trial the learned judicial magistrate awarded punishment one month R.I. in offence under section 5,6,8,11,12 of the Wildlife Act 1974 for each offence with benefit under section 392 B, CrPC run concurrently.
“The accused persons / appellant punished in five offences by the trial court but allegation made the recovery of birds from their possession only, besides punishment in five offences instead of in one offence here are major contradiction available also in prosecution case as the recovered birds belong to one Sajjad in fact who had sold that admitted by forest officer during course of argument but challenged the appellants contrary with few lines in form no 21 by not mentioning the detail of recovery or other offence committed if by appellant as well as the order of trial court. However, according to the facts and circumstances the offence fall under section 12 (2) of Balochistan Wildlife Act 1974 only.
“Moreover, the appellant Aamir Mustafa is a patient of left kidney stone and treatment was given by Dr Ramesh Bherwani at Health Care Clinic Karachi as medical certificate submitted in this regard by the father of the said appellant before this court through application to which the consultant prescribed the detail of treatment with medication, so under the circumstances, nature of offence and irregularity in trial the lenient view is required specially when the appellant first offender and not acquainted with law, therefore punishment awarded by the trial court is modified from one month RI to one week and fine of Rs 1,000 each, in case of default of payment of further suffer one week SI. Benefit under section 382B CrPC is extended in favour accused persons / appellant,” said the order announced by the judge on Dec 7, 2012.
Sources told Dawn that some time back, in another case, a highly influential government official who had poached an Ibex in the Hingol National Park had been fined just Rs45 in Balochistan.