New Delhi, Apr 15 A Delhi court has convicted a Jaipur-based art gallery owner for illegally attempting to export Shahtoosh wool shawls, made of critically endangered Tibetan Antelope underfur, and handed him a maximum prison terms of three years.
This is the first time that a wildlife offence has been prosecuted through the CBI.
Chief Judicial Magistrate T Priyadarshini at the Rouse Avenue District Court pronounced the verdict on March 12 against Syed Shahid Ahmed Kashani, after a 17-year-long protracted legal battle.
The contraband was discovered when the customs sought an NOC (no objection certificate) from the Wildlife authorities regarding the 1,290 shawls exported to Muscat in 2008 by the Jaipur-based India Art House owner, Kashani.
The Wildlife Crime Control Bureau (WCCB), set up in 2007, sent one of its officers, Inspector Aarti Singh, for an inspection. She found five export-ready shawls in one of the packages suspected to be carrying Shahtoosh, an ultra-light wool derived from Tibetan Antelope, also known as Chiru. She sent the shawls to the Wildlife Institute of India (WII) in Dehradun for an expert opinion.
The WII, in its report, confirmed that the shawls were indeed carrying the underfur of the endangered Tibetan Antelope, an animal listed in Schedule I of the Wildlife Protection Act, found at extreme heights in the Himalayas.
The shawls made from its underfur are extremely light and warm, but carry a high environmental cost, as several animals must be killed to produce these exquisite pieces, officials said.
"The Tibetan Antelope, locally known as Chiru, is listed in Schedule I of the Wildlife (Protection) Act, 1972, and its trade is strictly prohibited under domestic law. The Shahtoosh shawl trade has also been banned globally since 1975 under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), to which India is a signatory," said an official.
After further inspection, Inspector Singh identified 36 more shawls also suspected to be made from Shahtoosh wool.
Based on the findings, the then Regional Deputy Director of the WCCB, Ramesh Kumar Pandey, initiated a CBI complaint and was actively coordinating with the WII regarding the 36 shawls sent as forensic samples. Pandey, currently serving as ADG Wildlife and Director (Ex-Officio), WCCB, remained associated throughout, a government statement said.
The WII later confirmed that the 36 shawls also carried the Antelope underfur, following which the CBI filed a charge sheet.
After nearly 17 years, during which WCCB examined all 32 witnesses, including 19 in pre-charge evidence, the court convicted Kashani for the crime.
"The prosecution has established beyond a reasonable doubt that the contraband, i.e. Shahtoosh shawls, were found in the consignment, which was being exported by the accused," Chief Judicial Magistrate T Priyadarshini ruled.
She said the prosecution has placed on record the entire chain of custody of the seized shawls.
"The said independent witnesses as well as the officials of WCCB and Customs Authorities have been examined and a due opportunity has been given for cross-examining them to the accused," the CJM held, as she announced the terms of imprisonment and fine of Rs 50,000 on Kashani. All the sentences will run concurrently.
"The customs department has kept the shawls safe and managed the evidence chain. WII's Wildlife Forensic Cell provided strong scientific evidence, including reports on seized shawls and identifying the presence of underfur from Tibetan Antelope," the government statement said.
"The then Inspector Sanjay Dubey of CBI was the investigating officer, handling everything from collecting evidence to court arguments. Inspector Aarti Singh of the WCCB played an important role in spotting and seizing the site. Dr SP Goyal, scientist at the WII, gave an expert witness that stood up to questioning in court," the statement added.
