(IN): Czech forester gets jail-Co-Accused Let Off With Fine

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* The Times of India, Kolkata Thursday, September 11,2008

 

Czech forester gets jail

Co-Accused Let Off With Fine

 

 

Deep Gazmer | TNN

Darjeeling: The chief judicial magistrate's court on Wednesday sentenced

Czech national Emil Kucera (52) to three years' imprisonment, besides

ordering a fine, for violating the Wildlife Protection and Biodiversity Act.

The CJM, however, was more lenient on biologist Petr Svacha (51) and

released him after ordering him to pay a fine of Rs 20,000.

Kucera, a forester, was convicted under Articles 51 and 55 of the

Wildlife Protection and Biodiversity Act. Along with three years'

imprisonment, the Czech will also have to pay a fine of Rs 10,000 and Rs

50,000 respectively for violating both Acts. The court has directed the

Czech, who was on interim bail, not to leave Darjeeling. His passport has

been kept with the court.

While reading out the sentence, the CJM said Svacha was more a victim of

circumstances. Kucera was handed the harsher sentence as there was not

enough scope for leniency.

Kucera's counsel has applied for bail, which was granted after a surety

deposit of Rs 6,000. Taranga Pandit, the defence lawyer for the duo, said

they would move higher court. " We are happy that Svacha has been released,

but will appeal against Kucera's punishment, " he said.

Govind Chettri, the APP, expressed satisfaction with the sentence, but

said further appeals would be made only after receiving the copy of the

judgment. " As of now, we are satisfied, but we may appeal for harsher

punishment if we are not satisfied with the content of the judgment, " he

said.

Czech ambassador to India, Hynek Kmonicek, was also present during the

court proceedings. " We respect the judgment and cannot comment on it. We

also admit that the duo collected insects without a permit, but they

shouldn't be punished for what they haven't done, " he said.

Kmonicek, however, mentioned the " disparity " in the sentence. " Kucera is of

the opinion that he did the same thing as Svacha, that is, collect insects

without permits. We hope he will also be released, based on the judgment of

the higher court, " added the ambassador.

Forest officials said a harsher punishment could have been handed out. " We

worked hard to ensure that the duo got maximum punishment, as they had

knowingly violated the Wildlife Protection and Biodiversity Act, " said an

officer.

 

*

 

*

http://www.thestatesman.net/page.news.php?clid=10 & theme= & usrsess=1 & id=221690

*

 

*Czech scientist released with fine*

 

Statesman News Service

DARJEELING, Sept. 10: The chief judicial magistrate court in Darjeeling

released Czech scientist Mr Petr Svacha, convicted of unauthorised

collection of insects from the Singalila National Park against a fine of

Rs 20,000 for the offence, today. " We have taken a lenient approach towards

Mr Svacha as he is a reputed scientist and a victim of circumstances and so

they would be released after paying Rs 10,000 each for violating Wildlife

Protection Act and Bio-Diversity Act, " said CJM Mr UK Nandi.

But his companion Mr Emil Kucera would be imprisoned for 3 years. A fine of

Rs 60,000 has also been imposed on him. The verdict was passed in accordance

with the Section 51 of Wildlife Protection Act of 1972 and Section 55 of

Bio-Diversity Act 2002. The chief judicial magistrate court had convicted

the duo under Sections 27, 39, 49, 49 (B), and 52 of Wildlife Protection Act

and Section III of Bio-diversity Act on Monday reserving the quantum of the

sentence for today. However, acting on the plea of defence counsel the court

granted Mr Kucera bail for a security of Rs 6000 for an appeal period of one

month. Till that time, passports of both will remain confiscated with the

court. " Mr Kucera has also been charged of abetting Mr Svacha in the crime

and that might have worked against him. Mr Svacha has been let off with just

the fine, " said APP Mr Gobind Chettri. He added that the prosecution could

move to higher court if dissatisfied with the judgment asking for

enhancement of sentence.

Defence lawyer Mr Taranga Pandit said that his clients would appeal the

District court against the lower court's verdict. Meanwhile, the Czech

Ambassador to India Mr Hynek Hkmonicek said that he respected the court's

verdict. " I can't comment on the court's verdict. The fine of Rs 20,000

reflects exactly the magnitude of offence committed by Mr Svacha. As for Mr

Kucera, he has committed the same crime as the scientist and not a single

point more, " he said. While Mr Kucera refused to comment, Mr

Svacha expressed grief over his friend's sentence.

 

http://www.telegraphindia.com/1080911/jsp/siliguri/story_9815535.jsp

 

 

* Czech scientist let off with fine

- Associate sentenced to 3 years' imprisonment for wildlife crimes OUR

CORRESPONDENT*

 

*Darjeeling, Sept. 10:* Czech scientist Petr Svacha, accused of illegally

collecting insects from Singalila National Park, was let off with a fine of

Rs 20,000 today after the chief judicial magistrate of Darjeeling took note

of his reputation as a renowned entomologist and said he was a " victim of

circumstances " .

 

However, his associate Emil Kucera, a forest official in the Czech Republic,

was sentenced to three years of simple imprisonment and told to pay a fine

of Rs 60,000.

 

The CJM granted Kucera bail to allow him to file an appeal in the higher

court.

 

The Czechs had been arrested from Srikhola, 90km from here on the fringes of

the national park, on June 22. Bengal forest officials had seized beetles,

butterflies and other insects from the foreigners, along with equipment.

 

The court had on September 8 found the Czech duo guilty of all the charges

levelled against them by the forest department.

 

But today, the CJM, U.K. Nandi, said the court had taken note of the stature

of Svacha as well as the needs of his field of study — he works in the Czech

Academy of Sciences and studies insects — and considered him to be a " victim

of circumstances " .

 

Svacha was asked to pay a fine of Rs 10,000 for committing crimes under the

Wildlife Protection Act, 1972, and an equal amount for the ones committed

under the Biological Diversity Act, 2002.

 

The judge maintained that no such leniency could be shown towards Kucera and

sentenced him to three years of simple imprisonment each for the crimes

committed under the two acts.

 

The sentence on both counts will, however, run concurrently.

 

Kucera will also have to pay a fine of Rs 10,000 under the Wildlife

Protection Act and Rs 50,000 under the Biological Diversity Act.

 

However, the court granted him bail under both the Acts for a surety of Rs

3,000 each.

 

" Bail has been granted to Kucera to allow him to appeal to a higher court

(Darjeeling sessions' court). It has to be confirmed by the sessions' court

after the appeal is filed, " said Taranga Pandit, one of the defence lawyers.

 

 

The filing period for an appeal against the judgment in a higher court is

one month.

 

Kucera will not be able to leave Darjeeling district until the appeal is

filed. Even after that, the higher court may reject his bail or restrict his

movements.

 

The passport of Svacha, too, will remain in the court's custody till that

time, but he will be free to move anywhere in the country without it.

 

While Kucera refused comment, Svacha said: " I am not feeling good for

Kucera. Although I can go away from Darjeeling for a month, I will stay with

Kucera and try to help him out. "

 

The Czech ambassador, Hynek Kmonicek, who has been camping in Darjeeling for

the past few days, said: " We respect the impartiality of the Indian

judiciary. The sentences suggest that Svacha had collected beetles without

proper documents and has been fined accordingly. "

 

Asked if the prosecution would appeal against the sentence in the higher

court, assistant public prosecutor Govind Chhetri said: " We will wait for a

copy of the sentence and the judgment. If we are not satisfied with them, we

may go to the higher court. "

 

 

 

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