MOTI LAL versus CENTRAL BUREAU OF INVESTIGATION AND ANR.

MOTI LAL versus CENTRAL BUREAU OF INVESTIGATION AND ANR.

The Supreme Court held that, in light of notifications issued by the Central Government under Section 3 and the State Government’s consent under Section 6 of the Delhi Special Police Establishment Act, and a specific notification authorising CBI officers to file complaints under the Wild Life Act, CBI officers have jurisdiction to investigate offences under the Wild Life (Protection) Act. Police officers are not excluded from investigation under the Wild Life Act, as Section 50 specifically empowers them. Therefore, the appeal challenging CBI’s jurisdiction to investigate and file a complaint under the Wild Life Act is without substance.

Parties
Appellant: Moti Lal; Respondent No. 1: Central Bureau of Investigation; Respondent No. 2: Another Respondent (not named)
Jurisdiction
India
Judgment Date
09 April 2002
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Judgment and Order Dated 7.2.2001 of the Allahabad High Court in Crl. M.w.p. No. 6830 of 2000
Outcome
Appeal dismissed.
Legal Topics
Jurisdiction of CBI Under Special Statutes, Investigation Under Special Laws, Interpretation of Wild Life (protection) Act, Applicability of Code of Criminal Procedure to Special Statutes
Criminal Law Wildlife Protection Jurisdiction of CBI Under Special Statutes Investigation Under Special Laws Interpretation of Wild Life (protection) Act Applicability of Code of Criminal Procedure to Special Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Moti Lal

Appellant

Central Bureau of Investigation

Respondent No. 1

Another Respondent (not named)

Respondent No. 2

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Judgment and Order Dated 7.2.2001 of the Allahabad High Court in Crl. M.w.p. No. 6830 of 2000

Legal Issues

  1. 1 Whether the Central Bureau of Investigation (CBI) is authorised to investigate offences under the Wild Life (Protection) Act, 1972
  2. 2 Whether Section 50 of the Wild Life Act constitutes a complete code for investigation, thereby excluding police officers and the CBI from investigation

Ratio Decidendi

The Supreme Court held that, in light of notifications issued by the Central Government under Section 3 and the State Government’s consent under Section 6 of the Delhi Special Police Establishment Act, and a specific notification authorising CBI officers to file complaints under the Wild Life Act, CBI officers have jurisdiction to investigate offences under the Wild Life (Protection) Act. Police officers are not excluded from investigation under the Wild Life Act, as Section 50 specifically empowers them. Therefore, the appeal challenging CBI’s jurisdiction to investigate and file a complaint under the Wild Life Act is without substance.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.