MAHARASHTRA NATIONAL LAW UNIVERSITY, AURANGABAD

INTERNSHIP REPORT 2019

(NOVEMBER- DECEMBER 2019)

SUBMITTED BY
NAME- SOUMIKI GHOSH
ROLL NUMBER- 2018/BALLB/10
BA LLB YEAR- 2ND YEAR IVTH SEMESTER
BATCH- 2018-2023
 INDEX

S.NO. CONTENT
1. DECLARATION
2. ACKNOWLEDGEMENT
3. CERTIFICATE
4. INTRODUCTION
5. DAILY WORK LOG
6. CONCLUSION

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 DECLARATION

This declaration is made at Maharashtra National Law University, Aurangabad that, this
Internship Report is prepared and drafted by me, SOUMIKI GHOSH.

It contains the work that was assigned to me during my internship period and successfully
accomplished from my side.

This report is a sincere attempt at compilation of the aforementioned work.

This has not been submitted, either in whole or in part, to any other Law University or affiliated
Institute under any University as recognized by the Bar Council of India, for the award of any
other law degree or diploma, within the territory of India.

Name: SOUMIKI GHOSH

Roll no: 2018/BALLB/10

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 ACKNOWLEDGEMENT

I would like to express my deepest gratitude to Smt. Tilotama Verma, Additional Director;
Wildlife Crime Control Bureau (Govt. of India) for this internship opportunity in this esteemed
organization and the chances to work with the officers of Wildlife Crime Control Bureau
(Eastern Region) in Kolkata. I would also take this opportunity to thank Shri Agni Mitra Sir
(Regional Deputy Director, Eastern Region, Wildlife Crime Control Bureau), Shri A. Roy
Chowdhury Sir (Regional Deputy Director i/c, Eastern Region, Wildlife Crime Control Bureau),
Shri Arnab Basu Sir (Wildlife Inspector, Eastern Region, Wildlife Crime Control Bureau) and all
the other officials of Eastern Region Office of Wildlife Crime Control Bureau in Kolkata for
their constant guidance, support and supervision throughout the internship. This experience has
been exceptionally effective for my studies and enriched my knowledge in the area of wildlife
crimes and I am thankful and obliged to this institution for their kind cooperation and assistance.

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4
 INTRODUCTION

ORGANIZATION OF INTERNSHIP: WILDLIFE CRIME CONTROL BUREAU,

EASTERN REGION, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
CHANGE, GOVERNMENT OF INDIA

ADDRESS OF THE OFFICE ALOTTED FOR INTERNSHIP

Regional Deputy Director(ER)
WILDLIFE CRIME CONTROL BUREAU(ER),
NIZAM PALACE, 2nd MSO BUILDING, 6TH FLOOR, AJC BOSE ROAD,
KOLKATA-700020
EMAIL- [email protected]

PERIOD OF INTERNSHIP: 2ND DECEMBER, 2019- 31ST DECEMBER, 2019 vide order
F. No. 15-14/WCCB/2019/INTERNSHIP/1448

ACTIVITIES DONE DURING INTERNSHIP

Vide order of WCCB(ER) no. W-03/2018-19 (WCCB/ER) - 1080 dated 04.12.2019 and
directions of senior officers of WCCB/ER.
a) Study of Wildlife (Protection) Act, 1972 (4 days)
b) Study of CITES Provisions and Enforcement (4 days)
c) Case study/Acquittal Case Analysis (4 days)
d) Visit to Court for study of court proceedings (1 day)
e) Visit to exit points for study of Customs procedures and clearances of Export/Import Cargo (1
day)
f) Species Specific Studies - Study on illegal trade in Monitor Lizard and their body parts in
India (4 days)

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g) Study of species identification manual and hands on identification of specimen kept in ER (2
days)
h) Daily Interaction with senior officers
i) Review of internship programme and presentation (1 day)

''If we save our wild places, we will ultimately save ourselves''

- Steve Irwin

Wildlife Crime Control Bureau is a statutory multi-disciplinary body established by the

Government of India under the Ministry of Environment and Forests, to combat organized
wildlife crime in the country. The headquarters of WCCB is in New Delhi and five regional
offices at Delhi, Kolkata, Mumbai, Chennai and Jabalpur; three sub-regional offices at Guwahati,
Amritsar and Cochin; and five border units at Ramanathapuram, Gorakhpur, Motihari, Nathula
and Moreh. Under Section 38 (Z) of the Wild Life (Protection) Act, 1972, it is mandated to
collect and collate intelligence related to organized wildlife crime activities and to disseminate
the same to State and other enforcement agencies for immediate action so as to apprehend the
criminals; to establish a centralized wildlife crime data bank; co-ordinate actions by various
agencies in connection with the enforcement of the provisions of the Act; assist foreign
authorities and international organization concerned to facilitate co-ordination and universal
action for wildlife crime control; capacity building of the wildlife crime enforcement agencies
for scientific and professional investigation into wildlife crimes and assist State Governments to
ensure success in prosecutions related to wildlife crimes; and advise the Government of India on
issues relating to wildlife crimes having national and international ramifications, relevant policy
and laws. It also assists and advises the Customs authorities in inspection of the consignments of
flora & fauna as per the provisions of Wild Life (Protection) Act, 1972, CITES and EXIM Policy
governing such an item.

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 STUDY OF THE WILDLIFE (PROTECTION) ACT, 1972
Date- 2/12/19-5/12/19

INTRODUCTION

The Wildlife (Protection) Act was passed in 1972 to protect the wildlife and their habitats. This
is the first comprehensive legislation relating to protection of wild life, it was passed by the
Parliament and it was assented by the President on 9th September, 1972 and came to be known
as The Wild Life (Protection) Act, 1972).The habitat destruction due to agriculture, industries,
urbanization and other human activities had led to the erosion of the country’s wildlife. The
Wildlife (Protection) Act, 1972, provides for protection to listed species of flora and fauna and
establishes a network of ecologically-important protected areas. The Act consists of 66 Sections
and VI Schedules- divided into 7 Chapters. The Wildlife (Protection) Act, 1972 empowers the
central and state governments to declare any area a wildlife sanctuary, national park or closed
area. It provides for authorities to administer and implement the Act; regulate the hunting of wild
animals; protect specified plants, sanctuaries, national parks and closed areas; restrict trade or
commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits
hunting of animals except with permission of authorized officer when an animal has become
dangerous to human life or property or as disabled or diseased as to be beyond recovery. It has
six schedules which give varying degrees of protection. Schedule I and part II of Schedule II
provide absolute protection against offence related to species listed in them with the highest
penalties. Species listed in Schedule III and Schedule IV is also protected but the penalties are
lower. Schedule V delineates animals called Vermins; they can be hunted with special
permission. Schedule VI concerns plants and cultivation of plant life. Various Enforcement
Agencies have been accorded the power to implement the provisions of this Act. Authorities
have also been given the power to compound offences of certain natures.

The Act underwent many amendments. An amendment to the Act in 1982 introduced provisions
permitting the capture and transportation of wild animals for the scientific management of
animal population. An amendment in the year 1991 resulted in the insertion of the special
chapters dealing with the protection of specified plants and the regulation of zoos. This also
recognized the needs of tribal and forest dwellers and changes were introduced to advance their

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welfare. The near-total prohibition on hunting was made more effective by the Amendment Act
of 1991.

OBJECTIVES OF THE ACT

1. To prohibit hunting and trade of wild animals and wildlife products and impose punishment
for violating the same. The schedules give absolute protection to certain species and these cannot
be infringed on any account.

2. To provide a codified set of rules for protection and management of wildlife habitats.

3. To define the function of zoo and management and function of tiger conservation authority
and management.

4. To give sweeping powers to law enforcement authorities to punish anybody guilty under the
Act.

5. To empower the Central Govt. And State Govt. to declare certain areas as protected areas.

SALIENT FEATURES OF THE ACT

1. It provides a comprehensive legal definition of wildlife related terminologies.

2. It provides protection to endangered species through several of its provisions.

3. It also provides for setting up and declaration of Protected Areas and lays down rules and laws
for its functioning.

4. It provides for the constitution of statutory bodies like Central Zoo Authority, Wildlife Crime
Control Bureau, and National Tiger Conservation Authorities.

5. It imposes a ban on the hunting, trade or commercial exploitation of scheduled, animals and
specified plants.

6. It provides for the appointment of wildlife advisory board, wildlife warden their powers duties
etc.

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7. It provides for quasi judicial powers to officers facilitating punishment to offenders.

IMPORTANT PROVISIONS

 Burden of Proof under Sec. 57 of the WLPA:

Under Section 57 of WLPA, for a person apprehended in possession of wildlife

contraband, the onus lies on him to prove that he was in lawful possession of the same.
Hence under this special feature under WLPA, the burden of proof is reversed and on the
accused rather than the prosecution.

 Compounding of Offences under Sec. 54 of the WLPA:

Under section 54 of the act, offences of certain nature can be compounded in specified
situations in case of first time offenders. This special provision reduces the burden on
judiciary.

 Constitution of Conservation and Crime Control Authorities:

Section 38 of the act provides for the constitution of Central Zoo Authorities, Wildlife
Crime Control Bureau, and National Tiger Conservation Authorities.

 Setting up of Protected Areas:

Chapter IV of the act provides for setting up of protected areas like National Parks under
Section 35.

 List of Protected Species as Schedules:

Under this act a comprehensive listing of endangered wildlife species was done for the
first time as Schedules. There are Six Schedules in the act giving different degrees of
protection to different species,

 Power of Confiscation under Sec 39 of WLPA:

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 Under Sec 39 of the act, any vehicle, weapons, vessel, trap or tool that has been used for
committing an offence and has been seized under the provisions of Wildlife (Protection)
Act, 1972 shall be govt. Property.
 Abetment having same punishment as offence under Sec 51 of WLPA:
Under Sec 51 of the act, any person whoever abets any offence punishable under this act
will be punishable with the same punishment provided for that offence unlike other laws
which mostly have less punishments for abetment than offence.
 Equal punishment for attempt and actual commission under Sec 52 of WLPA:
Under Sec 52 of the act, any person whoever attempts to contravene any provisions of the
act is deemed to have contravened that provision unlike most other laws. This provision
indicates the strict nature of the act.

 Provision for Reward under Sec 60A of WLPA:

Under Sec 60A of the act, the informer who assisted officer in investigation can be
rewarded with a maximum 50% of the amount imposed as fine/amount accepted by the
way of composition as reward.

 Power of entry, search, arrest & detention under Sec 50 of WLPA:

Police officer not below the rank of a sub inspector can search, seize and arrest any
person for inspection. This shows how agencies other than forest have been given equal
power under the act.
 Protection of action taken in good faith under Sec 60 of WLPA:
Under Sec 60 of the act, an act done by a state or central govt. employee done in good
faith is protected.
 Quasi Judicial Powers under Sec 50(8) & 50(9) of WLPA:
Under Sec 50(8) of the act, any officer not below the rank of Assistant Director of Wild
Life Preservation has quasi judicial powers like issuing of search warrant, to receive and
record evidence and that evidence is admissible before Magistrate in any subsequent trial
under Sec 50(9).

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PENALTIES UNDER WILD LIFE (PROTECTION) ACT, 1972

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S.No Rules Charges
1. Breaching of any license or Three years imprisonment or twenty five
permit granted thousand rupees fine or both
2. Offence related to animals Minimum Three years imprisonment but may
listed in Schedule I or part II of be extend to seven years imprisonment and ten
Schedule II i.e, meat, animal thousand rupees fine
article, trophy, uncured trophy
3. Offence related to hunting in Minimum three years imprisonment but may
protected areas be extend to seven years imprisonment and ten
thousand rupees fine
4. Accused second time in any Minimum three years imprisonment but may
crime related to wildlife i.e, be extend to seven years imprisonment and
subsequent offence twenty five thousand rupees fine
5. Contravention of provisions of Minimum three years imprisonment but may
Chapter VA i.e, Prohibition of be extend to seven years imprisonment and ten
trade and commerce in trophies, thousand rupees.
animal articles etc derived from
certain animals

6. Contravention of provisions of Six months imprisonment or two thousand

Section 38J i.e, Prohibition of rupees fine or both
teasing in a zoo.
7. Subsequent offence related to One year imprisonment or fine of five
contravention of provisions of thousand rupees
Section 38J i.e, prohibition of
teasing in a zoo.

8. Hunting of tiger in the core area Minimum three years imprisonment but may
of tiger reserve or altering be extend to seven years and fifty thousand
boundaries of reserve rupees fine but may extend to two lakh rupee
9. Subsequent offence related to Seven years imprisonment and five lakh rupees
hunting or altering boundaries in fine but may extend to fifty lakh rupees
a tiger reserve

10. Abetment of any offence Minimum three years imprisonment but may
be extend to seven years and fifty thousand 12
rupees fine but may extend to two lakh rupees
11. For possession of any arm from Court will cancel the license and he/she will
PROVISIONS FOR COMPOUNDING AN OFFENCE- SEC 54 OF WLPA

Compounding is accepting a sum of money as from a person on whom a suspicion

exists of committing an offence under Wild Life (Protection) Act, 1972.

The provisions for compounding an offence are specified under Sec 54 of the Act as under:

 The compounding of an offence can be done by the:-

a) Director of Wildlife Preservation or any other officer not below the rank of Assistant
Director of Wildlife Preservation as directed by the Central Government

b) Chief Wildlife Warden of the State or any other officer not below the rank of Deputy
Conservator of Forest as directed by State Government.

 On payment of such money the suspected person if in custody is discharged and the case
is closed for that offence against that person.
 Any license or permit given to offender may be cancelled by the officer who is
compounding the offence.
 The sum of money for compounding an offence should not exceed twenty five thousand
rupees.
 Offence for which a minimum period of imprisonment has been prescribed u/s 51 cannot
be compounded.
 Offences can only be compounded for first time offenders.

POWERS AND FUNCTIONS OF WCCB

The powers and functions of Bureau are specified under section 38(Z) of the Wild Life
(Protection) Act, 1972, 1972 which are under as:-

1. Intelligence collection and disseminate the same to State and other Enforcement
Agencies.

2. Co-ordination of action by various officers, State Government and other authorities.

3. Implementation of obligation under various international conventions and protocols.

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 4. Assistance to concerned authorities in foreign countries and concerned international
organization.

5. Develop infrastructure and capacity building for scientific and professional investigation.

6. Conduction of training programmes for various enforcement agencies for detection and
handling of wildlife cases.

7. Conduction of awareness programmes for PRI members, villagers and other stakeholders
to combat wildlife crime.

8. Advice the Government of India on issues relating to wildlife crimes having national and
international ramification and suggest changes required in relevant policy and laws time to time.

SHORTFALL OF WILD LIFE (PROTECTION) ACT, 1972

1. Section 11(2) of the wildlife act that is self defence or killing animals in good faith may
be exploited at times.

2. No exotic species are covered under the Wildlife (Protection) Act; hence their fate is not
decided by this Act once they enter into the country illegally.

3. There are flaws in the Schedules of Wild Life (Protection) Act, 1972 like turtles and
tortoises are mentioned in different schedules, hogdeers are not in any schedules etc.

4. Any vehicle, weapons, vessel, trap or tool that has been used for committing an offence
and has been seized under the provisions of Wildlife (Protection) Act shall be govt. Property
under section 39 of the act, but it is not clearly mentioned that who is empowered to confiscate
and what is the procedure for this confiscation.

CONCLUSION

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Several charismatic species of wildlife embody Incomparable Values, and at the same time,
comprise a major resource base for sustainable development. Conservation of wildlife,
accordingly, involves the protection of entire ecosystems. We have to keep these perspectives in
mind while going through the Wildlife (Protection) Act 1972. Since the wildlife is a vital link in
the web of lives, it is our utmost duty to preserve and protect the richness of wildlife as it can be
made available to generations. So the endangered species of flora and fauna should be protected.
The Wildlife (protection) Act, with timely amendments, facilitates the protection of wild life in
India.

STUDY OF CITES PROVISIONS AND ENFORCEMENT

Date- 6/12/19-11/12/19

INTRODUCTION

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
is an international agreement between governments to which States and regional economic
integration organizations adhere voluntarily. CITES was drafted as a result of a resolution
adopted in 1963 at a meeting of members of the International Union for Conservation of Nature
(IUCN). CITES entered into force in July 1975. Currently there are 183 Parties (include
countries or regional economic integration organizations). The CITES Secretariat is administered
by UNEP (The United Nations Environment Programme) and is located at Geneva, Switzerland.
It plays a coordinating, advisory and servicing role in the working of the Convention (CITES).
The Conference of the Parties (COP) to CITES is the supreme decision-making body of the
Convention and comprises all its Parties. Although CITES is legally binding on the Parties, it

15
does not take the place of national laws. Rather, it provides a framework to be respected by each
Party, which has to adopt its own domestic legislation to ensure that CITES, is implemented at
the national level. The CITES regulates international trade in close to 35,000 species of plants
and animals. It brings together the entire enforcement chain to assist national enforcement
authorities and regional bodies to combat illicit trade in wildlife. For many years CITES has been
among the conservation agreements with the largest membership, with now 183 Parties.

Aim: Ensure that international trade in specimens of wild animals and plants does not threaten
their survival.

Function:

 The CITES works by subjecting international trade in specimens of selected species to

certain controls.
 All import, export, re-exports and introduction from the sea of species covered by the
Convention has to be authorized through a licensing system.
 Each Party to the Convention must designate one or more Management Authorities in
charge of administering that licensing system and one or more Scientific Authorities to
advise them on the effects of trade on the status of the species.

Appendices & Export-Import Provisions:

Roughly 5,000 species of animals and 29,000 species of plants are protected by CITES against
over-exploitation through international trade. Each protected species or population is included in
one of three lists, called appendices under Article II of CITES, called as Fundamental Principles.
The Appendix that lists a species or population reflects the extent of the threat to it and the
controls that apply to the trade.

Appendices I, II and III to the Convention are lists of species afforded different levels or types of
protection from over-exploitation.

Appendix I

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  It lists species that are the most endangered among CITES-listed animals and plants. It
includes all species threatened with extinction which are or may be affected by trade.
Trade in specimens of these species must be subject to particularly strict regulation in
order not to endanger further their survival and must only be authorized in exceptional
circumstances.
 CITES prohibits international trade in specimens of these species except when the
purpose of the import is not commercial, for instance for scientific research or
transferring to a zoo.
 In these exceptional cases, trade may take place provided it is authorized by the granting
of both an import permit and an export permit (or re-export certificate).
 Examples include gorillas, sea turtles, most lady slipper orchids, and giant pandas.
Currently 931 species are listed.
 Export permit will be issued when both scientific and management authorities of a state
are satisfied that the transfer will not be detrimental to the survival of the species, will not
contravene state laws, will not cause harm or injury to the species and an import permit
has been granted in the receiving state.
 Import permit will be issued when both scientific and management authorities of a state
are satisfied that the recipient of a living specimen is suitably equipped to house and care
for it, it will not be detrimental to the survival of the species involved and the specimen is
not to be used for primarily commercial purposes.

Appendix II

 It lists species that are not necessarily now threatened with extinction but that may
become so unless trade is closely controlled.
 Most CITES species are listed in this Appendix, including paddlefish, lions, mahogany
and many corals. Currently 34,419 species are listed.
 International trades in specimens of Appendix-II species may be authorized by the
granting of an export permit or re-export certificate.

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  No import permit is necessary for these species under CITES (although a permit is
needed in some countries that have taken stricter measures than CITES requires).
 It also includes so-called "look-alike species", i.e. species whose specimens in trade look
like those of species listed for conservation reasons.
 Export Permits or Re-export certificates should only be granted if the relevant
management and scientific authorities are satisfied that certain conditions are met, above
all that trade will not be detrimental to the survival of the species, will not contravene
state laws and will not cause harm or injury to the species.

Appendix III

 It is a list of species included at the request of a Party that already regulates trade in the
species and that needs the cooperation of other countries to prevent unsustainable or
illegal exploitation.
 Examples include Himalayan palm civet, Mongoose, Wild buffalo etc. Currently 147
species are listed.
 International trade in specimens of species listed in this Appendix is allowed only on
presentation of the appropriate export permits or re export certificates.
 Export permits will be granted when relevant management and scientific authorities are
satisfied that the trade will not contravene state laws and will not cause harm or injury to
the species.
 For imports, a certificate origin could be needed under some circumstances.
 Species may be added to or removed from Appendix I and II, or moved between them,
only by the Conference of the Parties.
 However, species may be added to or removed from Appendix III at any time and by any
Party unilaterally.

CITES and India:

India, being a party to CITES, actively prohibits the international trade of endangered wild
species and several measures are in place to control threats from invasive alien species (e.g.
certificates for exports, permits for imports, etc.). Customs Act

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India has proposed to remove rosewood (Dalbergia sissoo) from Appendix II of CITES. The
species grows at a very fast rate and has the capacity to become naturalized outside its native
range, it is invasive in other parts of the world as well.

India has also proposed to transfer small clawed otters (Aonyx cinereus), smooth coated otters
(Lutrogale perspicillata), Indian Star Tortoise (Geochelone elegans) from Appendix II to
Appendix I, thereby giving more protection to the species.

The proposal also includes inclusion of Gekko gecko and Wedgefish (Rhinidae) in Appendix II
of CITES.

In India, CITES is applicable through Customs Act, EXIM Policy & DGFT norms and export
import is restricted with help from DGFT with Import export code.

CONCLUSION:

No separate law has been framed or passed implementation through Customs Act once inside the
country considerable distance from border area

Although CITES has recorded some success, several issues with implementation remain. Some
of these issues include insufficient enforcement in foreign countries, complex and controversial
species and specimens to monitor, low penalties for violation, the use of reservations and the
persistence of the global illegal wildlife trade. Some also argue that, many countries lack the
resources to police and monitor international wildlife trade through their country and consider
violations of wildlife trade a low priority. Also CITES does not provide guidance on the level of
penalties to be imposed. CITES however, state that violations should at least result in the
confiscation of the wildlife and products which itself can be a costly penalty.

A 2019 analysis in the journal Science found that in nearly two-thirds of cases CITES
protections lag after a species is determined to be threatened by international trade. For example,
while pangolins were finally added to Appendix I in 2017, an estimated million were trafficked
between 2000 and 2013. Of the eight species of pangolins, half are endangered or critically
endangered. The vast majority of animals that are in the wildlife trade are not protected by
CITES.

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If a party violates the convention, CITES can respond with sanctions, which prevent a country
from trading in CITES-listed species. But countries are rarely sanctioned and the process can
become highly politicized. What’s more, because CITES membership is voluntary, a country
could simply leave CITES rather than accept sanctions.

One success story CITES touts is the vicuña. In the mid-20th century, populations of the once-
abundant llama relative had dwindled to about 10,000 animals because commercial demand for
its fur led to widespread poaching. But after enacting conservation measures, including a CITES
listing in 1975, populations rebounded. Today, the vicuña’s conservation status is least concern.
After four decades, CITES remains one of the cornerstones of international conservation.

CASE STUDY

Date- 12/12/19-17/12/19

POR NO: W-25/2014 dated 26/06/2014

CASE NO: C-85/2015 dated 28/04/2015

Name of the Case- Union Of India (WCCB/ER) Vs Lalmohammad Fakir

Facts of the Case:

1. Based on a secret information received on 21/05/2014 that some prohibitory articles like Grey
jungle fowl feathers were carried for trade or business without any valid license via export
shipment detained by Customs, Delhi from new courier terminal, IGI, New Delhi WCCB/NR

20
and by WCCB/NR it was found that the said prohibitory articles were being exported by one
Fakir Nazmuddin, Mahitala Purbapara, Magrahat, Distrtct South 24 Parganas. On basis of the
detention of those seized articles dated 26/06/14, a direction was given vide Memo No.
W.25/2014 (WCCB/ER) 498 dated 26/06/14 to Shri Koushik Mondal of Wildlife Inspector of
Sub-Regional Office, Guwahati and Ms. Aarti Singh, Wildlife Inspector of WCCB/ER, Kolkata
to conduct search and check the premises of the concerned person and submit a report at on
earliest.

2. WLI Ms. Aarti Singh, Mr. Kaushik Mondal and driver Sanjay Kumar of WCCB/ER went to
Magrahat with the help local police of Magrahat PS to search of local area on 26/06/2014 around
2.30pm.

3. On their way to Mahitala Purabapara near Magrahat Railway Station, they saw a man with bag
of peacock feathers and some greenish black feathers. After interrogation and enquiry into the
matter, he disclosed his name as Fakir Lal Mohammad and could not show any valid documents
for trade of those.

4. An investigation report along with seizure list was made and signed by the Investigating
Officer and POR u/s 50(4) of WLPA was made and signed by Aarti Singh, Wildlife Inspector
(WCCB/ER- Kolkata) dated 27/06/2014. The arrest cum personal search memo u/s 50(3) of
WLPA was prepared by Ms. Aarti Singh.

5. Possession and trade of Peacock body feathers is prohibited under the act as peacock is listed
under Schedule I Part III of WLPA. So the bags were seized and sealed from the accused and he
was brought and detained at the office of WCCB/ER, Nizam Palace, Kolkata and his statement
was recorded by RDD/WCCB/ER and he was arrested and sent to Bhawanipore Police Station
for night custody.

6. Ld. ACJM, Diamond Harbour registered it as a complaint case and transferred it to Judicial
Magistrate, 3rd Court, Diamond Harbour for enquiry on 13/05/2015 and process was issued u/s
9/40(2)/44/49B r/w S. 39 and 51 of WLPA, 1972.

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7. On 27/06/2014, the accused was produced before the Ld. Chief Metropolitan Magistrate,
Bankshall Court, Kolkata along with an application u/s 50(4) of WLPA. LD. CMM sent the
accused to judicial custody till 25/07/2014. The seized alamats were kept in custody of IO vide
order dated 11/07/2014.

8. As per the order of Ld. CMM case property was sent to Zoological Survey of India, Alipore
for identification of the bird feathers. The accused was granted bail with conditions on 25/07/14.
A letter was received from ZSI confirming that the seized bird feathers belonged to Indian
Peafowl and Red jungle fowl tail feathers.

9. A prayer was made before the Ld. CMM, Bankshall by Ms. Aarti Singh, Wildlife Inspector
WCCB/ER on 21/07/2015 for sending the case record before the Judicial Magistrate, 3rd Court,
Diamond Harbour on grounds of proper jurisdiction. It was granted.

10. Complaint was filed on 28/04/2015 and after trial the accused was announced not guilty and
was acquitted by Judicial Magistrate, 3rd Court, Diamond Harbour.

11. An appeal was filed against the decision of the lower court to Ld. Additional District and
Sessions Judge, Diamond Harbour, but later it was withdrawn as the Appellate Authority is
Kolkata High Court under S. 378(2) of CrPC. Duly an appeal is yet to be made before the
honourable High Court of Kolkata.

Findings from the case study- SHORTFALLS/DRAWBACKS and SUGGESTIONS:

SHORTFALLS REMEDIAL MEASURES SUGGESTED

DURING SEIZURE- a) Signatures of no Precedents mentioning less importance of

independent witness was present on the seizure independent witness should have been cited, or
list. independent witness should have been brought
beforehand.

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b) Prosecution was not able to prove its case Video recording of the raid and seizure should
beyond reasonable doubt because possession have been done.
could not be proved.

c) Photocopy of the seizure list was attached to

Labeling should be done properly.
Mat. Exhibits, no proper labeling was done.

DURING INVESTIGATION & FILING OF His statement should have been recorded.
COMPLAINT- Complaint was filed by Mr.
Nishant Verma, but his statement was not
recorded and was not produced as witness in
the court.

DURING TRIAL- a) Ld. Govt. Counsel did

not appear to argue the prosecution on the
scheduled date of argument which made the
case one sided. Ignorance and lack of knowledge of law on the
part of Govt. Counsel is proved.
b) Ld. Govt Counsel did not give proper
Professionalism from Ld. Govt. Counsel is
reasoning for producing the accused before
expected.
Bankshall Court instead of Ld. ACJM's Court.

c) Ld. Govt. Counsel made unnecessary

attempt to relate the case with Delhi Cargo
Fowl feathers case, which they failed to prove
any link with and created doubts in the mind of
the judge.
Maintenance of a sheet with all details about

d) There was difference in the statements of timing etc should be done by IO.
PW1 and PW2 in the matter of timing of
seizure a few other things.

AFTER TRIAL- The appeal against the Ignorance of law on the part of the Govt.
decision of the 3rd JM's Court was made Counsel is proved.

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before Ld. Additional District & Sessions
Judge, Diamond Harbour, not to proper
Appellate Authority i.e. High Court of Kolkata
u/s 378(2) of CrPC.

IDENTIFICATION OF SPECIES

MANUAL & HANDS ON IDENTIFICATION

Date- 18/12/19-19/12/19

Under Guidance of - Mr. Arnab Basu, Wildlife Inspector (WCCB/ER)

During internship, Arnab Basu Sir taught us identification procedures of species under different
schedules of the Wildlife (Protection) Act, 1972 from handbooks and manuals published by
WCCB. For example we learnt to identify different species of Molluscan, Amphibians &
Reptiles, Mammals, Birds of different schedules of the act from the WCCB handbooks and
identification manuals.

Also he took a two hour session and showed us a power point presentation about identification of
animals and its parts in wildlife trade like Tiger Skin, Tiger paws and claws, Leopard skin, Rhino

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horn, Mongoose Hair, Bear paw, Tokay Gecko, Parakeets etc. He briefed about illegal trade of
these animals and their body parts.

Also for hands on identification we got to see some wildlife samples learnt about their
identification process. We learnt recognizing fake and original wildlife products.

We learnt various techniques to identify and distinguish between real and fake wildlife products
and how they are traded illegally. Some such examples are as follows:

REAL FAKE

Location of Colour of upper lip, ocular spot/sun White spots may or may not be
spot(upper eye lid), ear lobe(inner present
White spots/ part), cheeks, rear earlobe, chest,
white colour belly, forelegs, ventral portion etc

Checking the hair Real fur can often be seen tapering Fake fur (hairs) tend to be blunt at
tips to a point at tip the tip.

Burn test Burnt animal hair will smell like Fake fur will smell like burning
burnt human(real) hair plastic

Mono Colour Hair follicles should be single It can be single/multi coloured.

coloured.

Stripes If it is yellow it will be complete Multi coloured.

yellow, if black then it will be
complete black.

Hot Lime Water Colour will not disappear Colour will disappear
wash

Tails Tails are broad black band like at May or may not be
end

Claws Nails will be rooted inside and Nails will be attached with gum.
retractable, bone will be inside nails
also. (Felid claw)

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b) Difference between real and fake skin of leopard- Ventral body colour is always white.

Cheetah and leopard are traded as substitute species of tigers. Both are different- Cheetah has
filled up black dots, leopard has rosette patterns which are not filled up and every pattern is
different. Also Cheetah has two lines near eyes called tears of Cheetah.

c) Difference between real and fake ivory- Real will always have dental canal and schreger line
(crisscross line). In bone there will be capillaries.

d) Difference between real and fake rhino horn

Rhino horn is used in china in making of traditional Chinese medicine.

Real Fake

Hair pores at the basal part present absent

Lateral hair strands Present Absent

Components Tuft of hair Made up of skeletal tissues

Mongoose hair is used to make high quality paint brushes. Its hairs as well as hair made brushes
are traded to Europe and America. Identification is hair can be done by seeing the colour of the
hair which is mixture of grey black and white colour.

Bears are poached for claws, which is used to make jewellery and for gall bladder, which is used
to make medicine. There are two types of bear in India and they are slot bear and Himalayan
bear.

Parakeets are also known as parrot and they are listed under schedule IV of WLPA. They have a
high market value. Owls are also traded specially in Diwali for rituals. Indian rollers are traded
specially during the time of Durga Pooja .

Tokay Gecko, a native of India, is traded to china for medicine. The whole body is in demand.

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Turtles are traded and poached for their meat and as pets. In India, Uttar Pradesh and Andhra
Pradesh have recorded most number of cases of turtle trade.

We got to see pangolin scales, Pangolins are one of the highest traded animals of India. We also
got to see specimens of red sanders, agar wood, seahorse, sea cucumber, corals etc and learnt
about their illegal trade process.

STUDY ON ILLEGAL TRADE OF BODY PARTS OF MONITOR LIZARD

IN INDIA

Date- 20/12/19- 26/12/19

Kingdom: Animalia

Phylum: Chordata

Class: Reptilia

Order: Squamata

Family: Varanidae

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Genus: Varanus

PROTECTED STATUS UNDER WILD LIFE (PROTECTION) ACT, 1972

All Four kinds of monitor lizards found in India are Schedule I species under India’s Wild Life
(Protection) Act, 1972, which makes it an offence to conduct trade in the lizards or any of its
body parts. Monitor lizards share their Schedule I status with tigers, rhinos, elephants and
leopards, and hunting or harming them can attract jail terms of at least 3-7 years. In part II of
Schedule I of the WLPA, Agra Monitor Lizard, Yellow Monitor Lizard, Large Bengal Monitor
Lizard and Water Monitor Lizards are protected.

UNDER CITES

All but five species of monitor lizards are classified by the Convention on International Trade in
Endangered Species of Wild Fauna and Flora under Appendix II, which is loosely defined as
species that are not necessarily threatened with extinction, but may become so unless trade in
such species is subject to strict regulation to avoid use incompatible with the survival of the
species in the wild. The remaining five species – V. bengalensis, V. flavescens, V. griseus, V.
komodoensis, and V. nebulosus – are classified under CITES Appendix I, which outlaws
international commercial trade in the species. The yellow monitor, V. flavescens is protected in
all range countries except Bhutan, Nepal, India, Pakistan, and Bangladesh.

UNDER IUCN

According to IUCN Red List of threatened species, most of the monitor lizards' species fall in the
categories of least concern, but the population is decreasing globally.

Monitor lizards belong to the family Varanidae. All monitors are tropical reptiles. They are
active lizards, which may be very hostile, lashing out with their tails upon the slightest
provocation. Even a small monitor can produce a stinging lash with its tail. Due to illegal
poaching monitor lizards have declined in population throughout India. They are native
to Africa, Asia, and Oceania, but are now found also in the Americas as an invasive species.
There are about 80 recognized species.
Monitor lizards have long necks, powerful tails and claws, and well-developed limbs. The adult
length of extant species ranges from 20 cm (7.9 in) in some species, to over 3 m (10 ft) in the

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case of the Komodo dragon, though the extinct varanid known as Megalania (Varanus priscus)
may have been capable of reaching lengths more than 7 m (23 ft). Most monitor species
are terrestrial, but arboreal and semi aquatic monitors are also known. While most monitor
lizards are carnivorous, eating eggs, smaller reptiles, fish, birds, insects, and small mammals,
some also eat fruit and vegetation, depending on where they live.

DISTRIBUTION

The various species cover a vast area, occurring through Africa, the Indian subcontinent,
to China, the Ryukyu Islands in southern Japan, south to Southeast
Asia to Thailand, Brunei, Indonesia, the Philippines, New Guinea, Australia, and islands of
the Indian Ocean, and the South China Sea. The West Nile monitor is now found in South
Florida and in Singapore.

There are four kinds of Monitor Lizards are found in India, Due to the excessive hunting and loss
of habitat Indian Monitor Lizard listed as endangered species in India. Indian Water Monitor
lizard is the biggest lizard found across the Tamil Nadu and all other parts of South India.

India is home to four varieties of monitor lizard — Agra, Yellow, Water, and Large Bengal.

USES & DEMAND IN ILLEGAL MARKET

Food

The meat of monitor lizards is eaten by some tribes in India,  Thailand, Philippines, and
Australia and in West Africa as a supplemental meat sources. It is eaten in Vietnam's Mekong
delta as a delicacy. The meat of monitor lizards is used in Nepal for medicinal and food purpose.
In some districts of West Bengal it is hunted during Shikar utsav

Occult practices

Trade of Monitor lizard genitalia, which is an illegal wildlife product, is rampant across the
country and internationally. Hatha Jodi, in its guise as a rare root, is sold openly on prominent e-
commerce websites. It is believed to be pious and bring good luck.

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Demand As pets

Monitor lizards have become a staple in the reptile pet trade. The most commonly kept monitors
are the savannah monitor and Ackies monitor, due to their relatively small size, low cost, and
relatively calm dispositions with regular handling. Among others, black-throated monitors, timor
monitors, Asian water monitors, Nile monitors, mangrove monitors, emerald tree monitors, black
tree monitors, roughneck monitors, dumeril's monitors, peach-throated monitors, crocodile
monitors, and Argus monitors have been kept in captivity.

Medicinal

It is reported that tongue and liver, are eaten in parts of India and Malaysia as an
alleged aphrodisiac.

In parts of Pakistan and southern India, different parts of monitor lizards are used for a variety of
medical purposes. The flesh is eaten for the relief of rheumatic pain, abdominal fat is used as a
salve for skin infections, oil and fat are used to treat haemorrhoids or chronic pain.

Large-scale exploitation of monitor lizards is undertaken for their skins, which are described as
being "of considerable utility" in the leather industry. In Papua New Guinea, monitor lizard
leather is used for membranes in traditional drums (called kundu), and these lizards are referred
to as kundu palai or "drum lizard".

Music

The ventral body skin of monitor lizards is used in making carnatic music percussion instruments
called kanjira, ghumat.

RECENT SEIZURES

a) In a joint operation by the Wildlife Crime Control Bureau (WCCB), Central Industrial
Security Force (CISF) and the Central Bureau of Investigation (CBI), an Algerian man was
arrested at the Delhi airport on March 27, 2019 for carrying a bag made of a monitor lizard’s
skin. In India, the monitor lizard (Varanus bengalensis) is a protected species under Schedule I of
the Wild Life (Protection) Act, 1972, 1972, indicating that they are highly endangered and

30
strictly protected. Varanus is a family of monitor lizards. At least two species of these lizards fall
under Schedule I of the 1972 Act.
b) On December 14, 2019, a gang of poachers trafficking monitor lizard from Rajasthan fell into
the police net after they were lured to Koramangala, Karnataka. A senior Bengaluru police
official revealed the existence of a thriving lizard trade in Hosur, where monitor lizards is killed
and their blood harvested to serve as basis for dubious aphrodisiac concoctions. The blood is
mixed in rum and consumed. These Wildlife lizards are killed to create dubious “Viagra-like”
medicines.

c) On July 23, 2017, Wildlife Crime Control Bureau conducted seizures in Noida. Recovered
articles included 25 Hatha Jodi, which are actually hemi penises of male monitor lizard.

MAIN AREA OF CONCERN

An undercover investigation conducted by Wildlife Trust of India (WTI) and the International
Fund for Animal Welfare (IFAW) in association with the Indian government’s Wildlife Crime
Control Bureau (WCCB) has revealed that the trade in monitor lizard genitalia, which is an
illegal wildlife product, is rampant across the country and internationally. Hatha Jodi, in its guise
as a rare root, is sold openly on prominent e-commerce websites. On September 4,2017, Union
Environment Minister Dr Harsh Vardhan tweeted pictures of recoveries made during a joint
operation by the Wildlife Crime Control Bureau (WCCB) and the Odisha Forest Department 34
pairs of what is commonly referred to as “hatha jodi”. Hatha jodi is claimed to possess magical
powers that ensure prosperity for its owner. But the 34 pairs were in fact hemi penises — the
forked male reproductive organ — of the monitor lizard, one of India’s most threatened wildlife
species.

Buyers pay between Rs 1,200 and Rs 2,200 online under the mistaken belief that the penises are
sacred roots. According to the WCCB, even fake hatha jodis, made of atta, sell for Rs 500 a pair.

 Activists, however, say a strong criminal network of hunters, middlemen, astrologers and
dealers are involved in the business. And while the raid confirmed at least 34 male monitor
lizards were killed, the numbers are possibly much higher. Since it’s hard to capture only the

31
males, poachers trap or chase all lizards into nets, tie their legs, and dump them into sacks. The
male lizards are separated only later.

Following the investigation, WCCB has issued a national level alert to all Chief Wildlife
Wardens and state forest departments across India.

VISIT TO EXIT POINTS

Date of the visit- 27/12/2019

Place- Foreign Post Office, Kolkata.

Under the guidance of- Mr. Arnab Basu, Wildlife Inspector (WCCB/ER)

32
During the internship, we headed to Foreign Post Office; Kolkata situated at Strand Road,
Kolkata and observed the procedure of inspection of parcels/ consignments and further giving
clearance from WCCB for export / import of the same. A visit was made for checking of two
consignments which were going to Germany containing domestic fowl feathers and to South
Korea containing ebony wood musical instrument parts. First Mr. Arnab Basu sir briefed us
about the contents of consignments and how we need to check the boxes, concealment
techniques and legality of the items being sent with respect to WLPA, CITES, EXIM Policy.

Apart from examining the contents of the box, we observed him to examine inner parts of the
box as many times the illegal things are kept in deep down in box and if necessary empty the
box to verify the whole consignment for the things specified and it doesn’t contain anything else
which is not in check list . This is to make sure that no protected items under schedules of WLPA
are being exported. If the officer is satisfied he will give clearance to the goods by putting no
objection with his stamp and signature.

Contents of both the boxes were not illegal as domestic fowl feathers and ebony woods are not
protected under schedules of WLPA, CITES, & EXIM Policy. Hence the consignments were
granted NOC for export.

VISIT TO COURT FOR STUDY OF COURT PROCEEDINGS

Date of the visit- 30/12/2019

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Place- Additional Chief Judicial Magistrate's Court, Mayukh Bhavan, Bidhannagar, North
24 Parganas, West Bengal

Under the guidance of- Mr. Arnab Basu, Wildlife Inspector (WCCB/ER), Mr. Sudip Ghosh,
Constable (WCCB/ER)

Name of the Case- Union of India through WCCB(ER) vs. Tapan Chakraborty (Accused no 1) &
Prasun Mukherjee (Accused no 2)

POR No- W-02/2015 dated 16/03/2015

Seizure- Ivory idols of different sizes and a curved ivory tooth on 16/03/2015

Seizing Officer- Mr. Arnab Basu, Wildlife Inspector (WCCB/ER)

Investing Officer- Ms. Aarti Singh, Wildlife Inspector (WCCB/ER)

Complainant- Ms. Aarti Singh

Brief Facts and Current Status- The case is at pre charge evidence stage, above mentioned
articles were seized from residence of accused no 1 on 16/03/2015 while trying to sell and
complaint was filed on 04/05/2015. At first the case was registered as a Government Record
case, but later the mistake was rectified and it was registered as a Complaint case. Then before
the proceeding could start, Accused no 2 filed an appeal under Sec. 131 of CrPC in the District
and Sessions Judges Court, Barasat to make the case a Government Record Case instead of
Complaint Case. Barasat Court sent a memo to Bidhannagar Court for the Lower Court Record
which has not been sent yet. So that proceeding is pending and as a result lower court proceeding
is also pending.

Court Room Happenings-

 The Govt. Counsel representing UOI further verified from the court staff whether any
such memo has reached this court or not, in presence of the Ld. Judge.

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  Records were searched and seen that no such memo has yet reached this court.
 Lawyer representing accused no 1 submitted that accused no 1 has expired few months
back. To support his claim a copy of the death certificate was also produced before the
Ld. Court. The Govt. Counsel objected and submitted that death certificate in original has
to be put up before the Ld. Court for further necessary proceedings.
 Ld. Judge gave the next hearing date on 18/03/2020 and also said that she compared the
original and photocopy of the death certificate of accused no 1.

WCCB's stand- WCCB/ER decided to approach the sessions court to get the memo traced and
served as early as possible to facilitate further proceedings.

DAILY INTERACTION WITH SENIOR OFFICERS

During the internship, we got to interact with senior officers on a daily basis. Through the
interaction and exchange of view with officials of Kolkata office of WCCB/ER I have got

35
profound up to date knowledge regarding the instant laws which will also enrich me in future in
exercising this in the relevant fields. All my queries and doubts were cleared sufficiently and
justifiably by the officials. They have been really earnestly helpful and encourageous for
preparing this paper for which I am sincerely grateful to them. Mr. A Roy Chowdhury Sir
(RDD/ER i/c, WCCB) also gave his valuable suggestions and opinions regarding our
understanding of the laws during his visit to Kolkata office. Mr. Arnab Basu Sir (Wildlife
Inspector/ER, WCCB) gave his valuable time and constant support on a daily basis and we
briefed our day's work to him regularly by the end of the day.

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 REVIEW OF THE INTERNSHIP PROGRAMME AND PRESENTATION

Date- 31/12/2019

On the last day of the internship, we submitted one internship report of the works done during
the internship period and made a PowerPoint presentation about the learnings from WCCB to the
senior officials of WCCB/ER.

CONCLUSION

37
“If we can teach people about wildlife, they will be touched. Share my wildlife with me. Because
humans want to save things that they love.”

- Steve Irwin

Almost all of us grew up eating meat, wearing leather, and going to circuses and zoos. Many of
us bought our beloved “pets” at pet shops, had guinea pigs, and kept beautiful birds in cages. We
wore wool and silk, ate chicken burgers, and fished. We never considered the impact of these
actions on the animals involved.

In his book Animal Liberation, Peter Singer states that the basic principle of equality does not
require equal or identical treatment; it requires equal consideration. This is an important
distinction when talking about animal rights and wildlife preservation. Animals surely deserve to
live their lives free from suffering and exploitation. Jeremy Bentham, the founder of the
reforming utilitarian school of moral philosophy, stated that when deciding on a being’s rights,
“The question is not ‘Can they reason?’ nor ‘Can they talk?’ but ‘Can they suffer?’” In that
passage, Bentham points to the capacity for suffering as the vital characteristic that gives a being
the right to equal consideration. Wildlife is a precious gift of God to this planet. The term
‘wildlife’ not only caters to wild animals but also takes into account all undomesticated life
forms including birds, insects, plants, fungi and even microscopic organisms. Wildlife
conservation refers to the well-planned practice of ensuring protection for wild animal species,
their habitats, and plants. More or less, the truth about wildlife is that our future generations
should be allowed to enjoy the Mother Nature while recognizing the unshaken importance of
wildlife towards our wellbeing and surroundings. By doing wildlife conservation, we do not only
ensure their survival, but also the diversity of the ecosystem. As a result, it will help improve the
ecological health of the earth.

From the aspect of law, in this era of human rights, wildlife protection and laws are neglected
issues. They are clearly set aside when it comes to environmental law. Movements are very
common about enacting stricter environmental laws, but wildlife preservation laws, which are
closely connected with environmental laws, stay neglected though it is nearly impossible to
protect the environment without protecting its wildlife. In the court of law also, issues relating to
wildlife crimes are mostly overlooked and are mostly adjudged with existing laws of the humans,
and wildlife crimes seem to be very less important.

38
This internship was an eye opener for me in terms of unimportant status of wildlife crimes and
their punishments. From the internship I learned the necessity of knowing wildlife laws and
conventions for law students, lawyers and judges. If the existing wildlife laws continue to get
ignored this way, we will very soon lose all our wildlife and natural assets. I got to know about
the legal world which is learning found beyond books and classroom teachings. This internship
period has taught me to be punctual and always being attentive while in a govt. office
environment. Being a crime control bureau, the work culture is highly professional; officials are
swift and experienced at intelligence gathering. They are dedicated employees and have a keen
interest and passion towards wildlife conservation and have equal knowledge of law and its
applications. On the first day of internship, we were directed to not copy any case material or
intelligence gathered for a raid because they were confidential information. I got to read wildlife
case laws, judgments, case histories and got an inner knowledge about how and why wildlife
crimes are constituted and what are their remedies. Overall, it has made me a more aware law-
learner and has facilitated me with the opportunity to work in professional work ethics. Being an
amateur in the field of law, I got to know about the crime and legal world at ground level. It gave
me practical exposure to this legal world and I got to explore a less explored and rather neglected
field of law. This various aspects of knowledge and experiences are definitely going to help me a
lot in future while dealing with my responsibilities in the legal profession.

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