STATE vs NAND KUMAR @ NANDU & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27th March, 2025 Pronounced on: 30th April, 2025 + CRL.A. 403/2025 STATE Through Additional Public Prosecutor Delhi High Court, New Delhi .....Petitioner Through: Ms. Rupali Bandhopadhya, Additional Standing Counsel with Mr. Abhijeet Kumar, Advocate versus 1. NAND KUMAR @ NANDU S/o Bhaiya Ram, R/o G-332, Sunil Dairy, Wazirpur, JJ Colony, New Delhi .....Respondent No. 1 2. NARESH KUMAR S/o Rai Singh, R/o 16/286, Dakshinpuri New Delhi .....Respondent No. 2 Through: Mr. Gautam Khazanchi and Ms. Suruchi Jaiswal, Advocates for Respondent No.2 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT Signature Not Verified Signed By:VIKAS ARORA CRL. A. 403/2025 Page 1 of 14 Signing Date:22.05.2025 21:03:44 1. The Appellant/State has preferred an Appeal under Section 378(1) Cr.P.C being aggrieved by the acquittal of the Respondents/Accused in FIR No. 35/2010, under Sections 39/49/49B(1)/51/52 Wildlife (Protection) Act, 1972, P.S. Special Cell (Lodhi Colony), vide judgment dated 11.09.2019. 2. Briefly stated, on the basis of secret information received by Inspector Vivek Tyagi about illegal sale of animal skin, a raiding Team of SI Vinay Tyagi, SI Abhinash, ASI Dinesh, HC Anil, HC Pradeep Kumar, Constable Sat Prakash, lead by him was formed. 3. The Raiding team along with the secret informer reached Birla Mandir Red light, Kali Bari Marg, New Delhi. The Respondents/Accused persons came in an Indica Car bearing no. HR-55 DT 6580, which was driven by Naresh Kumar, while the other two accused Ashok Kumar and Nand Kumar @ Nandu, were sitting inside the car. 4. Head Constable Pradeep Kumar posed as a decoy customer to negotiate the deal. Nand Kumar picked out a polythene bag from the car and handed it over to accused Ashok Kuma