The Delhi High Court has quashed a complaint and FIR filed under the Wildlife (Protection) Act against a man alleged to be responsible for managing a private school where seven mongoose hair brushes were recovered during a raid in 2013.
Justice Neena Bansal Krishna allowed the plea by Deepesh Gupta, who had challenged the criminal proceedings stemming from a raid at Bal Bhawan Senior Secondary School, Laxmi Nagar, where the brushes were found in its biology laboratory.
Advocate Sumeet Verma, appearing for Gupta, argued that the recovery pertained to batches of brushes procured before mongoose was declared a protected species under the Wildlife Act in September 2002. He also pointed out that the complaint was filed against an individual purportedly in-charge of the school’s management, whereas the school or its governing society was not made an accused, which he said was contrary to statutory provisions.
The court noted that the articles were indeed acquired prior to the statutory prohibition but pointed out that the school failed to disclose any declaration of lawful possession, a requirement under the Act. On this aspect, the court held that the complaint disclosed a prima facie offence against the school institution.
However, the bench found no material to establish Gupta’s role or responsibility at the relevant time.
The court observed there was “nothing to show that the petitioner was even an employee of the school at the time of the alleged offence in 2002 … or thereafter, he was the person in charge of the management, especially the biology laboratory.”
It added that the complaint lacked any averment or document demonstrating that Gupta handled the administration, purchases, expenditure, or management of the school.
Finding the allegations unsupported, the court held that Gupta could not be held liable for any omissions by the school.
Allowing the appeal through its order of December 1, released with a corrigendum on Saturday, the court quashed the complaint case and the FIR against Gupta, bringing the decade-long proceedings to an end.
