KOCHI: The High Court on Wednesday set aside the order of the Perumbavoor Judicial First Class Magistrate Court dismissing the plea of the prosecution to withdraw the case registered against actor Mohanlal for illegally possessing two elephant tusks. While allowing the petition filed by the state government, Justice A Badharudeen also directed the magistrate court to reconsider the case afresh and pass orders as expeditiously as possible.
The forest department booked the actor under the Wildlife Protection Act after an Income Tax raid at the actor’s Kochi residence on December 21, 2011, led to the seizure of two tusks. The state government argued that the purpose of enactment of the Act is to avoid killing wildlife. In the case on hand, two tusks found in possession of the actor were obtained from a captive elephant and that led to the registration of the crime.
Therefore, the possession of two tusks left by a captive elephant and the withdrawal of prosecution initiated for this occurrence would not defeat the intention of the legislation in any manner.
The court said that the law must be uniform to all, irrespective of their status.
“Going by the settled principles, I don’t think that the trial court addressed the question following these principles and the trial court ventured the legality of the declaration as the sole basis while dismissing the petition, which is a subject matter of dispute before the division bench of this court,” said the court.