Briefly the facts of the case are that present petitioners were booked under Wild Life Act, 1974 with an allegation that they caught and kept the Cranes in their possession illegally, as such, 125- Cranes were taken into possession by Wild Life Department, Dera Ghazi Khan. Pursuant to alleged confession by the accused persons, certain fines were imposed on them vide order dated 01.04.2013 passed by learned Special Judicial Magistrate. On revision petition filed by the petitioners, the learned Sessions Judge, Dera Ghazi Khan vide order dated 11.04.2013 remanded the case to the learned Special Judicial Magistrate with a direction to decide the matter afresh after framing the charge properly. As regards the claim of the accused/petitioner about custody of the cranes and cages, the learned Sessions Judge observed that petitioner/ accused may approach learned Special Judicial Magistrate. Pursuant to the direction of learned Sessions Judge, the petitioner moved application for getting Superdari of the birds, vide order dated. 30.04.2013, the applications were consigned to record with the observations "Accused confessed, found, guilty and paid fine in the Court. For the "Superdari" they have been failed to produce original licence/NOC/Export Licence of Wildlife Animal/Birds in the Court for handing over the cranes." Said order was again assailed through criminal revision, which has been dismissed by learned Sessions Judge, Dera Ghazi Khan vide order dated 07.05.2013. The petitioners have assailed the above orders through the instant writ petition.
2. Heard.
3. During hearing of this case, Assistant Director Wildlife, Multan was called and explained that as a matter of fact the petitioners did not carry transit permission at the time when they were hauled up. It is admitted position that Cranes were recovered from the possession of the petitioners and under the orders passed by learned Special Judicial Magistrate, Dera Ghazi Khan, the same were given in the custody of Wildlife Department, Dera Ghazi Khan. The impugned orders passed by learned Special Judicial Magistrate and the learned Sessions Judge are solely based on the ground that original licence were, not produced by the claimants/petitioners. The record shows that at one point of time the licences produced by the petitioners were sent by the learned Special Judicial Magistrate to the Chief Conservator Wild Life, Khyber Pakhtankhwa for verification of the licence and vide letter No, 1055/WL(B) dated 25.04.2013 the Divisional Forest Officer, Bannu Wildlife Division, Bannu, verified the licences of the petitioners. Without further commenting on the merits of the case, suffice it to observe that undisputedly the Cranes/birds and cages were recovered from the petitioners and except the petitioners; none else has come forward to claim ownership of the birds. In this view of the matter, since the trial is still under progress, the petitioners are found entitled to get the birds and cages on Superdari. Consequently, this writ petition is allowed. Since the value of the birds has been assessed by the Wildlife authorities as Rs, 1,50,000/- approximately, therefore, subject to petitioners furnishing security equal to Rs, 300,000/- to the satisfaction of learned Special Judicial Magistrate, Dera Ghazi Khan, the birds/Cranes and cages in question are ordered to be handed over to them. The petitioners shall also submit their undertaking before the said Court to produce the birds/Cranes and cages before the learned trial Court as and when required.