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The accused being escorted to the range office during their arrest
Emil Kucera (front right) and Petr Svacha (centre back) being led to the range office by Forest Ranger Arbinden Lepcha (front left) after their arrest

Czech insect collectors remain in Jail

Darjeeling (West Bengal), July 24, 2008: The decision on the bail plea for the Czech nationals arrested near Darjeeling for illegally collecting rare insects has been withheld till tomorrow. The last hearing of the case against the accused, Petr Svacha and Emil Kucera was held yesterday.

Insects seized from the Czechs
Insects and larvae from the
collection of the accused

The duo was arrested on June 22 from the vicinity of Singhalila National Park. About 500 insects including those listed under Schedule I of Indian Wildlife (Protection) Act, 1972, were seized from them. The case is being heard in the court of the Chief Judicial Magistrate, UK Nandi, in Darjeeling.

Despite international pressure to free the accused who incidentally are reputed scientists, the court denied their earlier bail plea. Their claims of being unaware of Indian laws and of collecting insects for research purposes, earned them no credits, as the prosecutor presented cogent incriminating evidence against them.

According to Saurabh Sharma, Wildlife Trust of India (WTI) advocate, who is assisting the prosecution, “The Czech Republic Act No. 114/1992 rules that collecting certain critically endangered species infringes a criminal act. Such collection if made for economic gains will attract strict punishments. These so-called eminent scientists cannot claim to be ignorant of the fact that every country has its own wildlife laws, when similar laws exist in their own country.”    

Utpal Kumar Nag, Assistant Divisional Forest Officer, Wildlife Division 1, who led the arrest of the foreigners, said that more evidence (especially against Kucera) suggesting their involvement in illegal activities was being unearthed.

“First the website (where Kucera claimed to be able to deliver insects by post) and now his multiple passports,” said Nag, clarifying that Kucera had reportedly visited the region several times in the past decade using passports with different registration numbers.

The prosecution had also argued that the accused were not registered at the registration office for foreigners in Rimbick, as required by the law.

Sharma expressed optimism that the two were not likely to be granted bail. He said, “The prosecution will try for an in-custody trial. However, taking precautions, it has pleaded before the court that if granted, their bail be made ‘conditional’, confining them in Darjeeling to facilitate pursuance of the case.”

Responding to the court’s order, the defence reportedly presented a copy of a letter from the Czech embassy assuring bail security for the accused.

Meanwhile, Nag said that the final report on the seized insects from the Zoological Survey of India, which may further strengthen their case, has not yet arrived. “Considering the enormity of the seizure, the identification will take time. We expect the report by the first week of August,” he said.

 

Related Stories:
International pressure to bail out "insect thieves"
Foreigners arrested in Darjeeling for illegal collection of rare insects 

 

Picture credit: West Bengal Forest Department

 

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