Kerala

HC allows govt. to file report on seizure of ivory from actor

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Petitioner says issue of ownership certificate illegal

A Division Bench of the Kerala High Court on Tuesday allowed the State government to file in three weeks a final report in a case relating to the seizure of ivories from the house of actor Mohanlal before the Judicial First Class Magistrate Court III, Perumbavoor.

The Bench headed by Chief Justice Hrishikesh Roy passed the order when a writ petition filed by A.A. Paulose of Kochi against the government order granting ownership certificate to actor Mohanlal for the seized four ivories came up for hearing.

According to the petitioner, the issue of ownership certificate was illegal as it was given after the seizure of the ivories from the residence of the actor at Thevara in Kochi in 2012. He also sought a directive to the State government to take effective steps for the completion of investigation in the case.

The petitioner pointed out that on the date of seizure, the actor did not have a certificate of possession as mandated under Section 42 of the Wildlife (Protection) Act, 1972. Therefore, the government order granting him a certificate of possession could not be sustained. In fact, the certificate had been issued in total violation of the provisions of law.

The government pleader submitted that as the ownership certificate was granted subsequently, the State government had not taken any further action in the case.

The Principal Chief Conservator of Forests (Wild Life) had earlier submitted that the investigation officer did not submit the inquiry report before the magistrate court as the possibility of prosecution succeeding in the case was slim because of the subsequent issue of possession and ownership certificate.

The court while posting the case to September 2 asked the government to apprise the court of the outcome in the case pending in the magistrate court.

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Printable version | Dec 9, 2019 8:10:04 AM | https://www.thehindu.com/news/national/kerala/hc-allows-govt-to-file-report-on-seizure-of-ivory-from-actor/article28759795.ece

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