Darjeeling (West Bengal): The two Czech nationals Petr Svacha and Emil Kucera accused of unauthorisedly collecting rare insect species from Singhalila National Park were today convicted of their crime by the Chief Judicial Magistrate (CJM) of Darjeeling.
The CJM has announced them guilty of violating both the Indian Wildlife (Protection) Act, 1972 as well as the Biological Diversity Act, 2002. “This is the first instance of anyone being convicted under the Biological Diversity Act,” said Ashok Kumar, Vice-chairman, WTI. The sentence will be handed out in a few days.
Although similar cases of illegal insect collection involving foreign nationals have been reported from India in the past, this is the first well-documented instance of serious and systematic follow-up by authorities to book the culprits.
The foreigners were arrested on June 22 from a hotel in Srikhola, during a raid by forest authorities led by Utpal Kumar Nag, Assistant Divisional Forest Officer, Wildlife Division 1. Hundreds of preserved as well as live insects and equipment used in collecting the insects were seized from them. The Investigating Officer, Arbinden Lepcha said, “We asked them to show us the legal ownership certificate for the wildlife articles in their possession. As they did not have any permits, they were arrested and the insects seized under the provisions of section 50 of the Wildlife (Protection) Act.”
The insect collection was sent to the Zoological Survey of India (ZSI) for identification.
Svacha, an entomologist and Kucera, a forester, had claimed that the insects were for research. However, investigations revealed that Kucera’s website offered to ‘send insects by post’ to interested parties.
Irregularities in administrative formalities meant for foreigners visiting India also made their activities suspect. The duo had also failed to register at the Foreigners’ Registration Office at Rimbick. They had entered India on a tourist visa and did not possess the permission for research.
Their trial began on August 25, with West Bengal Forest Department as the prosecution. Wildlife Trust of India (WTI) assisted the forest department by providing legal support. Five witnesses were examined during the process, all of whom corroborated the story of the prosecution.
One of the witnesses, Dr P Mukhopadhyay, scientist, ZSI, had testified that a beetle species Cucujus bicolor that falls under the Part II of Schedule II of the Indian Wildlife (Protection) Act, 1972, had been identified. Identification of remaining specimens is ongoing.
Saurabh Sharma, WTI advocate who attended the hearings, said, “They have been charged under all the sections filed against them by the forest department.”
Kumar said, “From arrest to conviction, this has been the shortest wildlife related case in India so far, lasting less than three months. Before this, the conviction of Ratiram Sharma, the so-called ‘Sansar Chand of Eastern India’ held that record. The latter case which was also assisted by WTI, had lasted a little over four months.”
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