Court frames charges against Czechs

FROM THE TELEGRAPH

Svacha (left) and Kucera. A file picture

Darjeeling, Aug. 28: The court of the chief judicial magistrate here today framed charges against Czech scientist Petr Svacha and his associate Emil Kucera who have been accused of illegally collecting insects from Singalila National Park.

Govind Chhetri, assistant public prosecutor, said: “Most of the charges levied by the foresters are there. A new charge under the National Biological Diversity Act 2002 has been incorporated after examining the evidence.”

The charges were read out in English and Svacha translated them into Czech for Kucera.

The new charge comes under Section 3 of the Biological Diversity Act 2002 and states that no person without previous approval of the National Biodiversity Authority can obtain any biological resources occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation. Violation of the act may result in imprisonment up to five years or Rs 10 lakh in fine.

The duo have also been charged under Section 27 of the Wildlife Protection Act (WPA) 1972 for visiting a national park without valid documents, Sections 9, 29, 35 (6) for removal, trapping, capture and destruction of insects, moths and larvae and Sections 49 and 49 (B) which prohibit trade (dealings) in wildlife items.

Kucera has also been booked under Section 52 for abetting Svacha in committing the crimes. The duo pleaded “not guilty” to all charges.

Two witnesses, Tshering Sherpa, owner of a lodge in Srikhola where the Czechs were allegedly arrested from on June 22, and Bharat Kumar Thami, a forest guard present during the raid at the hotel, were cross-examined by the defence.

Sherpa, who had earlier claimed he had signed on labels of items seized, said no label or signature was found on one of them (bulb with wire) shown to him today. This was recorded by the court.

Thami said he did not know the exact number of insects seized as they were in boxes and jars. “More witnesses, including an official of the Zoological Survey of India, will be examined tomorrow,” said defence lawyer Taranga Pandit